State ex rel. Whaley v. Blackwell
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action begun in 1853, on the bond of Jeremiah Blackwell, as one of the administrators of William Whaley, to recover the distributive share of Israel Whaley, one of the heirs of William Whaley. It appeared that Blackwell and one of the sons of the intestate, who had since died, acted as eo-administrators, and that the son transacted the business of the estate, and held the assets.
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Appeal from Washington Circuit Court. This was an action begun in 1853, on the bond of Jeremiah Blackwell, as one of the administrators of William Whaley, to recover the distributive share of Israel Whaley, one of the heirs of William Whaley. It appeared that Blackwell and one of the sons of the intestate, who had since died, acted as eo-administrators, and that the son transacted the business of the estate, and held the assets. The administrators made their final settlement at the May term, 1886, showing a balance in their hands, for distribution, of $181 52. It did not affirmatively appear…
1Opinion of the CourtRyland, Judge
1. The statute of limitations relied on in this case, must be considered a bar to the plaintiff’s right to recover. Here was a final settlement of the estate of William Whaley, deceased, made in May, 1836. Upon that settlement, the amount of $181 52 remained in the administrators’ hands to be distributed. Now, although the record is silent as to whether any order of distribution was made, directing the administrators to pay the *99distributees their shares of the amount on hand at such final settlement, it was competent for the court to have made such order; nay, it was the duty of the court to…
2Cited by8 opinions
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Johnson v. Smith's AdministratorSupreme Court of Missouri · 1859
- Tapley v. McPikeSupreme Court of Missouri · 1872
- State ex rel. Coleman v. WilliSupreme Court of Missouri · 1870
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1885
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