State ex rel. Burke v. Ross

TITUS, Judge.

Relatrix filed her petition for writ of mandamus in the Circuit Court of Camden County to compel the respondent probate judge to vacate an order appointing Richard E. Feutz administrator ad litem of the estate of James M. Lane, deceased, and to appoint her in his stead. This appeal followed the court’s denial of a request the alternative writ be made peremptory.

Distributees of decedent’s estate are his seventy-eight year old sister (the relatrix) and three children of a deceased brother. V.A.M.S. § 473.117, subd. 1, disqualified the non-resident children from serving as…