Clark v. Crosswhite
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. The case is stated in the opinion. I. The court erred in sustaining the demurrer to the petition. There is no defect of parties plaintiff. The heirs of Wm. Cross white, deceased, are the only-necessary parties to maintain this suit. The petition alleges that the administration on the estate of Wm.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. The case is stated in the opinion. I. The court erred in sustaining the demurrer to the petition. There is no defect of parties plaintiff. The heirs of Wm. Cross white, deceased, are the only-necessary parties to maintain this suit. The petition alleges that the administration on the estate of Wm. Crosswhite, deceased, has been closed and fully settled; that all the debts allowed against the same have been > paid off and discharged. The heirs are the owners of the assets belonging to the estate, and have the right to sue for the…
1Opinion of the CourtEllison, J.
This is an action begun in the probate court for an allowance against an estate. The claim is presented in the shape of a formal petition in which the cause of action is set forth. The case went to the circuit court on appeal.
The facts stated in the petition, and upon which the action is founded, are, that William Crosswhite was surety on a note for his son, John T. Crosswhite; that William, the father, died, leaving John T. and other children as his heirs; that soon, thereafter, the son, John T., died, leaving children as his heirs ; that defendant, C. D. Crosswhite, a son of William and a…
Also in this document: Concurrence.
2Cases cited3 opinions
- State ex rel. Miller's Administrator v. BidlingmaierSupreme Court of Missouri · 1858
- Robinson v. HoodSupreme Court of Missouri · 1878
- State ex rel. Mueller's Administrator v. ReinhardtSupreme Court of Missouri · 1860
3Cited by5 opinions
- Cox v. WrinkleSupreme Court of Missouri · 1954
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
- State ex rel. Flick v. ReddishMissouri Court of Appeals · 1910
- In Re Estate of BuderSupreme Court of Missouri · 1958
- Arn v. ArnSupreme Court of Missouri · 1915