Ferguson's Administrator v. Carson's Administrator
Supreme Court of Missouri
Appeal from St. Louis Qourt of Appeals. (1) The demand of plaintiff on the basis on which the notice was given was void, for it was a claim originating after the death of the claimant by his having paid a judg- . ment rendered against the estate of deceased.
Read the full summary
Appeal from St. Louis Qourt of Appeals. (1) The demand of plaintiff on the basis on which the notice was given was void, for it was a claim originating after the death of the claimant by his having paid a judg- . ment rendered against the estate of deceased. Trustees, >etc., -». McElhinny, 61 Mo. 542. (2) Moreover, the cir,,-cuit court, which rendered the original judgment, never had jurisdiction over the person of defendant, as the cause was never revived against him during the time required by law, and the administrator could not give jurisdiction by his appearance at trial years after…
1Opinion of the CourtBlack, J.
— In 1866 James O. Carson was appointed administrator, with the will annexed, of James B. Carson. The testator gave $2,500 to each of his two stepdaughters, and to a nephew one thousand dollars, to be paid as soon as practicable, and, if necessary, the ex- ' ecutor was authorized to sell real and personal property for the payment of these amounts. ■ The residue of his property, real and personal, he gave to his brother, James O. Carson, and sister, Mrs. Postlewaite.
In 1881 plaintiff, claiming to be a creditor of the estate, applied for an order of sale of real estate to pay debts. The…
2Cases cited6 opinions
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Burton v. RutherfordSupreme Court of Missouri · 1872
- McDaniel v. LeeSupreme Court of Missouri · 1866
- Hull v. SherwoodSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Phelps v. ScottSupreme Court of Missouri · 1930
- Long v. MasonSupreme Court of Missouri · 1918
- State ex rel. Ziegenhein v. TittmannSupreme Court of Missouri · 1890
- Hutchinson v. ShelleySupreme Court of Missouri · 1896
11 more not listed; retrieve them via the Exa API.