Walton v. Yore
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The judgment in favor of the guardian ad litem was without authority of law. Contesting the validity of a will is a purely statutory proceeding, and the trial court had no jurisdiction to render any other judgment in the cause, than that the will produced was ■or was not the will of the testator, according to the finding upon the issue.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The judgment in favor of the guardian ad litem was without authority of law. Contesting the validity of a will is a purely statutory proceeding, and the trial court had no jurisdiction to render any other judgment in the cause, than that the will produced was ■or was not the will of the testator, according to the finding upon the issue. R. S. 1889, sec. 8888; Ltjne v. Marcus, 1 Mo. 410; Swain v. Gilbert, 3 Mo. 347; Young v. Bidenbaugh, 67 Mo. 589; McBwrath v. .Hollander, 73 Mo. 112; Apleby v. Brock, 76 Mo. 315; Babb…
1Opinion of the CourtRombatjek, P. J.
This is an appeal from an order of the circuit court, taxing a certain sum' as costs in favor of J. C. Jones, guardian ad litem for the minor defendants in the above entitled suit. That the amount allowed is reasonable is conceded. The minor defendants, however, on whose behalf this appeal is-prosecuted, assign for error the action of the court in taxing the allowance as costs against them. They further complain of the action of the court in adjudging the amount thus taxed a lien on certain property in which they have a remainder interest, and in awarding a special execution for the sale of…
2Cases cited6 opinions
- Gott v. CookNew York Court of Chancery · 1839
- Holloway v. McIlhenny Co.Texas Supreme Court · 1890
- Cole v. Superior CourtCalifornia Supreme Court · 1883
- Wilbur v. WilburIllinois Supreme Court · 1891
- In re St. Louis Institute of Christian ScienceMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Frame v. PlumbWisconsin Supreme Court · 1909
- Ragan v. LooneySupreme Court of Missouri · 1964
- Jones v. YoreSupreme Court of Missouri · 1897
- St. Paul Insurance Company v. CarlyleMissouri Court of Appeals · 1968
- Prest v. BlackSupreme Court of Kansas · 1901
3 more not listed; retrieve them via the Exa API.