Legal Opinion

Francisco v. Wingfield

Supreme Court of Missouri

Decided March 29, 1901PublishedCited by 13 opinions

Appeal from Saline Circuit Court.- — How. Richard Field, Judge. (1) The settlement made by the former executrix in 1874, had only the force and effect of an annual settlement and was not a final settlement of the estate by which the probate court lost jurisdiction, (a) Because the same was not received by the court as a final settlement.

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Appeal from Saline Circuit Court.- — How. Richard Field, Judge. (1) The settlement made by the former executrix in 1874, had only the force and effect of an annual settlement and was not a final settlement of the estate by which the probate court lost jurisdiction, (a) Because the same was not received by the court as a final settlement. Morehouse v. Ware, 78 Mo. 103. (b) Because the court at the time said settlement was filed, by its express order of record, continued the administration of the estate, (c) Because at the time of said settlement the executrix had about $2,000 of personal…

1Opinion of the CourtRobinson, J.

This is a proceeding under sections 47 and 48, Revised Statutes 1889, instituted in the probate court of Saline county, against dames Wingfield, former administrator in charge of the estate of George S. Hawkins, deceased, whose authority had been revoked, and the sureties on his official bond, to ascertain the amount of money and property in his hands, and compel him to account with the plaintiff as administrator do bonis non of the deceased, and for judgment against Wingfield and his sureties. The probate court dismissed the proceeding for want of jurisdiction. Plaintiff then appealed to the…

2Cases cited14 opinions

  1. Gamble v. GibsonSupreme Court of Missouri · 1875
  2. McPike v. McPikeSupreme Court of Missouri · 1892
  3. Dix v. MorrisSupreme Court of Missouri · 1877
  4. Scott v. CrewsSupreme Court of Missouri · 1880
  5. In re Estate of Glover & ShepleySupreme Court of Missouri · 1895

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Donaldson v. AllenSupreme Court of Missouri · 1904
  2. De Lashmutt v. TeetorSupreme Court of Missouri · 1914
  3. Rawlings v. RawlingsSupreme Court of Missouri · 1933
  4. Wyatt v. Stillman InstituteSupreme Court of Missouri · 1924
  5. Bolton v. BlissNebraska Supreme Court · 1931

8 more not listed; retrieve them via the Exa API.

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