Gupton v. Carr
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Rom,. Jas. D. Barnett, Judge. As to tbe jurisdictional question, we insist that tbe will of tbe deceased gave bis executor jurisdiction of tbe subject-matter, and it authorized bim to conduct and manage tbe affairs of bis private bank to tbe best advantage of bis estate, and there is no question but that it was so managed. “Both at law and equity tbe whole personal estate of tbe deceased vests in tbe executor.” Hounson v. Moore, 18 Mo.
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Appeal from Montgomery Circuit Court. — Rom,. Jas. D. Barnett, Judge. As to tbe jurisdictional question, we insist that tbe will of tbe deceased gave bis executor jurisdiction of tbe subject-matter, and it authorized bim to conduct and manage tbe affairs of bis private bank to tbe best advantage of bis estate, and there is no question but that it was so managed. “Both at law and equity tbe whole personal estate of tbe deceased vests in tbe executor.” Hounson v. Moore, 18 Mo. App. 410. Tbe executor was rightfully in possession of the banking interest of tbe decedent, because tbe title to tbe…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— In the brief and argument of the learned counsel for the respondent, submitted to us when this case was heard at bar, those counsel have said that it is conceded “that the sole and only question for this court to determine is whether under the facts stated, the appellant is entitled to a commission of five per cent on the sum of $37,687.55 which he paid unto the two hundred and thirteen depositors of the Exchange Bank of Jonesburg. Respondent however denies that the executor is entitled to any such commission on said sum, and her objections thereto may be…
2Cases cited16 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
- Merchants Exchange v. KnottSupreme Court of Missouri · 1908
- McPike v. McPikeSupreme Court of Missouri · 1892
- State v. ReidSupreme Court of Missouri · 1894
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3Cited by7 opinions
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Missouri v. AngleCourt of Appeals for the Eighth Circuit · 1916
- In re SageDistrict Court, E.D. Missouri · 1915
- Hausaman Bauer v. BruceMissouri Court of Appeals · 1944
- State ex rel. Barker v. SageSupreme Court of Missouri · 1916
2 more not listed; retrieve them via the Exa API.