In re the Estate of McCune
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was an appeal taken by Samuel N. Holliday, administrator of the estate of John S. McCune, deceased, from an order of payment made by the probate court of the city of St. Louis.
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Appeal from St. Louis Court of Appeals. This was an appeal taken by Samuel N. Holliday, administrator of the estate of John S. McCune, deceased, from an order of payment made by the probate court of the city of St. Louis. The facts of the case, about which there was no dispute, were made known to the probate court by a report of the administrator, in which he prayed the court to declare a dividend, and were substantially as follows : The administrator had in his hands assets to the amount of $124,000, while demands had been allowed in the fifth class to the amount of $247,000. These bore…
1Opinion of the Court
I
Sherwood, C. J.
No doubt is entertained of the right-of the administrator.to appeal in instances like the present. The statute is evidently broad enough in its evident scope and meaning to give such a right. 1 Wag. St., 119, § 1. The right under this section, has frequently been recognized by this court. McCrary v. Menteer, 58 Mo. 446; Seymour v. Seymour, 67 Mo. 803; Hawkins v. Cunningham, 67 Mo. 415; Hainey v. Scott, 28 Mo. 333. And it is quite immaterial, as regards this right of appeal, whether the administrator be personally aggrieved or not. It is seldom that he bottoms his appeal on the…
2Cases cited4 opinions
- West v. Bank of RutlandSupreme Court of Vermont · 1847
- Hawkins v. CunninghamSupreme Court of Missouri · 1878
- McCrary v. MenteerSupreme Court of Missouri · 1874
- Harney v. ScottSupreme Court of Missouri · 1859
3Cited by13 opinions
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1942
- State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
- Denison v. JeromeSupreme Court of Colorado · 1908
- Erle v. LaneSupreme Court of Colorado · 1896
- State ex rel. Millett v. FieldMissouri Court of Appeals · 1889
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