Aubuchon v. Lory
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was a suit originally commenced before a justice of tbe peace. Tbe plaintiff, Cecille Aubucbon, styled berself in ber complaint “ Administratrix of the estate of Gr. Aubucbon, deceased,” and complained that defendant, Lory, “did take and move fence off tbe lands belonging to tbe estate of the said Gr. Aubucbon, deceased.” In the summons issued by tbe justice, plaintiff is styled “ executrix.”
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Appeal from St. Louis Land Court. This was a suit originally commenced before a justice of tbe peace. Tbe plaintiff, Cecille Aubucbon, styled berself in ber complaint “ Administratrix of the estate of Gr. Aubucbon, deceased,” and complained that defendant, Lory, “did take and move fence off tbe lands belonging to tbe estate of the said Gr. Aubucbon, deceased.” In the summons issued by tbe justice, plaintiff is styled “ executrix.” Tbe defendant pleaded title in himself, whereupon the cause was removed to tbe Land Court. In tbe Land Court, a motion to dismiss tbe suit was made on tbe ground…
1Opinion of the CourtLeonard, Judge
Tbe plaintiff, as executrix, instituted an action in a justice’s court for an alleged trespass upon her testator’s land, committed since bis decease, which, on a plea of title, was removed into tbe Land Court, where it was dismissed upon the ground that the plaintiff could not maintain a suit in that capacity for tbe alleged wrong. •
The judgment must be affirmed. Tbe real estate of a deceased person descends, upon bis death, to bis heirs, or passes to the devisees under his will. By tbe common law, tbe per*100sonal representative, whether executor or administrator, takes no interest in it, and…
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