State ex rel. Hospes v. Branch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The entry contained in the record of the probate court as to the acknowledgment of satisfaction, and the curator’s discharge, is not conclusive evidence of payment by the curator of the amount found due at his final settlement.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The entry contained in the record of the probate court as to the acknowledgment of satisfaction, and the curator’s discharge, is not conclusive evidence of payment by the curator of the amount found due at his final settlement. Tidd’s Practice, p. 1041; Freeman on Judgments [4 Ed.] sec. 478a; Black on Judgments,. sec. 1015; Cohen v. Camp, 46 Mo. 179; State ex rel. v. Young, 32 Kan. 292; Stewart v. Armel, 62 Ind. 593; Bane v. Holmes, 41 Mich. 661; Beedle v. State ex rel., 62 Ind. 26; Powell v. Powell, 52 Mich. 432;…
1Opinion of the CourtGantt, P. J.
Joseph Crookes, who died in St. Louis in 1874, left a will whereby he bequeathed a portion of his estate to his daughter Alice, a minor, and appointed Joseph W. Branch (defendant herein) as her curator. Branch qualified in the probate court of the city of St. Louis as the curator of Alice Crookes on April 12, 1875, giving a bond conditioned according to law in the sum of $32,000, with R. W. Alexander and R. M. Parks as sureties thereon.
The will further directed that when Alice attained her majority such portion of the estate as was bequeathed to her should be placed and vested in trustees for…
2Cases cited14 opinions
- Fire Ins. Assn., Ltd. v. WickhamSupreme Court of the United States · 1891
- Ryan v. . WardNew York Court of Appeals · 1872
- Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Gilmer's Adm'r v. Baker's Adm'rWest Virginia Supreme Court · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- Hequembourg v. EdwardsSupreme Court of Missouri · 1900
- State ex rel. Cardwell v. StuartMissouri Court of Appeals · 1905
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.