State ex rel. Latimer v. Gray
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Ho». David H. Eby, Judge. (1) The affidavit charges that respondent had been counsel in some of the five exceptions filed to the settlement. It was unnecessary to specify which one or more. If he had assumed the attitude and responsibility of an attorney in any one of said issues, that disqualified him from sitting in the case as judge, and determining any matter in the settlement of the estate. In re Estate Albert, 80 Mo.
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Appeal from Pike Circuit Court. — Ho». David H. Eby, Judge. (1) The affidavit charges that respondent had been counsel in some of the five exceptions filed to the settlement. It was unnecessary to specify which one or more. If he had assumed the attitude and responsibility of an attorney in any one of said issues, that disqualified him from sitting in the case as judge, and determining any matter in the settlement of the estate. In re Estate Albert, 80 Mo. App. 557. (2) The fourth special demurrer is without merit. The filing of the written objection deprived the probate court of further…
1Opinion of the CourtGoode, J.
Albert G. Latimer, the relator, is the administrator- of the estate of JMary A. Latimer, deceased, the administration being in progress in the probate court of Pike county, Missouri, of which the re*100spondent W. O. Gray was judge. Latimer filed his first annual settlement February 15, 1902, in said court, whereupon the residuary legatees of the will of the deceased, Mary A. Latimer, to-wit, Kate Monroe and Fanny Edwards, filed exceptions to said settlement, averring that the administrator had taken credit for $114.59 for commissions when he was entitled to only $12.72; that he had failed to…
2Cases cited2 opinions
- Gale v. MichieSupreme Court of Missouri · 1871
- Graham v. People ex rel. RutledgeIllinois Supreme Court · 1884
3Cited by4 opinions
- State Ex Rel. Campbell v. KohnMissouri Court of Appeals · 1980
- State ex rel. Morris v. MontgomeryMissouri Court of Appeals · 1912
- State ex rel. Musser v. DahmsMissouri Court of Appeals · 1970
- State ex rel. Oliver v. BradleyMissouri Court of Appeals · 1985