Van Bibber v. Julian
Supreme Court of Missouri
Appeal from Greene Circuit Court.—IIon. W. E. G-eigker, Judge. The creditor should have given the administrators twenty days' notice of his intention to ask for an order for the- sale of the real estate. The petition for the order of sale is also fatally defective in not averring positively that the personal estate was insufficient to pay the debts of the estate.
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Appeal from Greene Circuit Court.—IIon. W. E. G-eigker, Judge. The creditor should have given the administrators twenty days' notice of his intention to ask for an order for the- sale of the real estate. The petition for the order of sale is also fatally defective in not averring positively that the personal estate was insufficient to pay the debts of the estate. When the personal estate becomes so insufficient, in consequence of the devastarit or neglect of duty of the administrator, an order for the sale of the real estate should not be granted in the first instance, but recourse should be…
1Opinion of the CourtRay, J.
This is an application to the probate and common pleas court of Greene county, Missouri, on the part of J. D. YanBibber, as administrator de bonis non of the estate of Nathan B >on, deceased, who was a creditor of the estate of G. P. Shackleford, deceased, for the sale of the real estate of said Shackleford, for the payment of debts.
The proceedings were had and conducted, under sections 10, 22, 23, 24, 25 and 26, art. 3, of the administration law, 1 Wag. Stat., pp. 94, 96 and 97. The petition was filed December 14th, 1878, by YanBibber, as a creditor, under section 23 of said statute, and…
2Cases cited15 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
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3Cited by8 opinions
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
- Langston v. CanterburySupreme Court of Missouri · 1903
- Kane v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1892
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- Roberts v. BartlettMissouri Court of Appeals · 1887
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