Naylor's Administrator v. Moffatt
Supreme Court of Missouri
Error to Knox Circuit Court. The facts sufficiently appear in the opinion of the court. I. The circuit court could not look behind the action of the county court to determine whether that court had acted properly in granting letters of administration. The validity of the grant of letters can not be attacked in a collateral proceeding.
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Error to Knox Circuit Court. The facts sufficiently appear in the opinion of the court. I. The circuit court could not look behind the action of the county court to determine whether that court had acted properly in granting letters of administration. The validity of the grant of letters can not be attacked in a collateral proceeding. (24 Mo. 265.) If the petition disclosed the fact that the property had been administered on by the executor in Virginia, the estate settled up, the debts paid, and distribution made, then it might be questionable whether another administration could be granted…
1Opinion of the CourtEwiNG, Judge
This was an action by Edward C. McDonald, administrator with the will annexed of the estate of William Naylor, for the recovery of certain slaves. The petition alleges that William Naylor died in the state of Virginia in 1840, leaving a will appointing an executor in that state, and that the slaves in controversy should be [free] 'upon attaining to certain ages therein specified; that the said will was duly admitted to probate in Virginia ; that Susan Naylor, the widow of deceased, “ under the provision of the laws of that state, for a part of her dower in the estate of the deceased, took the…
2Cited by21 opinions
- Richardson v. ColeSupreme Court of Missouri · 1901
- McPike v. McPikeSupreme Court of Missouri · 1892
- Gregory v. McCormickSupreme Court of Missouri · 1894
- Emmons v. GordonSupreme Court of Missouri · 1897
- Green v. TittmanSupreme Court of Missouri · 1894
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