Lewis v. Williams
Supreme Court of Missouri
Error to Washington Circuit Court. I. In equity an administrator’s settlements may be set aside for fraud. It is not necessary that fraud in fact, should be proven. It is sufficient if the act of the administrator operates in law to defraud. (Sto. Eq. PL, § 187; Clyce vs. Am derson, 49 Mo., 37.) I. No fraud whatever is shown, either actual or constructive. Without that, plaintiff cannot recover.
Read the full summary
Error to Washington Circuit Court. I. In equity an administrator’s settlements may be set aside for fraud. It is not necessary that fraud in fact, should be proven. It is sufficient if the act of the administrator operates in law to defraud. (Sto. Eq. PL, § 187; Clyce vs. Am derson, 49 Mo., 37.) I. No fraud whatever is shown, either actual or constructive. Without that, plaintiff cannot recover. (Jones vs. Brinker, 20 Mo., 87; Mitchell vs. Williams, 27 Mo., 399; Picot vs. Bates, 47 Mo., 390 ; Clyce vs. Anderson, 49 Mo., 37.)
1Opinion of the CourtWagner, Judge
Plaintiff brought his suit against the defendant to falsify and set aside the final and other settlements made by the defendant as administrator of the estate of one Henry, deceased. The charges in the petition were, that the administrator procured false and fraudulent allowances to be made in his favor in his annual and final settlements; that he fraudulently and wrongfully paid, out of the assets of the estate, debts allowed in the fifth class, and left debts which were of the first class unpaid, and that the estate was insolvent. Upon the trial no evidence whatever was given of any actual…
2Cases cited5 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Picot v. BatesSupreme Court of Missouri · 1871
- Mitchell v. WilliamsSupreme Court of Missouri · 1858
3Cited by23 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Hamilton v. McLeanSupreme Court of Missouri · 1897
- Fears v. RileySupreme Court of Missouri · 1899
18 more not listed; retrieve them via the Exa API.