In re Ford
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Eon. Charles D. Stewart, Judge. “(1), The “complaint verified by affidavit and ten days notice” as required by section 42 are jurisdictional and necessary, in order to authorize a court to act in the removal of a guardian or curator. Sec. 42, R. S. 1899; In re Estate of Padgett, 114 Mo. App. 812; Llewellyn v. Llewellyn, 87 Mo.
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Appeal from Clark Circuit Court. — Eon. Charles D. Stewart, Judge. “(1), The “complaint verified by affidavit and ten days notice” as required by section 42 are jurisdictional and necessary, in order to authorize a court to act in the removal of a guardian or curator. Sec. 42, R. S. 1899; In re Estate of Padgett, 114 Mo. App. 812; Llewellyn v. Llewellyn, 87 Mo. App. 9; 1 Woerner’s American Law of Administration, sec. 272. (2) There is no distinction between guardians and administrators as to their accounts and settlements. Oldham & Broaddus v. Trimble, 15 Mo. 225; State ex rel. v. Roland &…
1Opinion of the CourtReynolds, P. J.
— The judge of the probate court of Clark county issued a citation to one Leonard Ford, as curator of the estate of Ruth and Mary Baker, minors, commanding him to appear before that court at the following February term and show cause why he should not be removed as curator of that estate, “by reason of your mismanagement of same and your failure to account in your annual settlements, as such curator, for the interest due said estate for money in your "hands as such curator.” This was personally served on the cura*145tor in dne time. At the return term of the probate court ■ the curator appeared…
2Cases cited7 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
- Whaley v. WhaleySupreme Court of Missouri · 1872
- Carter v. Wamack & StaggsMissouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- In Re the Estate of BoevingMissouri Court of Appeals · 1965
- In Re DuganMissouri Court of Appeals · 1957
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Primeau v. PrimeauSupreme Court of Missouri · 1927
10 more not listed; retrieve them via the Exa API.