North v. Priest
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The circuit court, without proof, assumed author-! ity to falsify the account of defendant, and struck from it certain credits the effect of which was to change or increase the balance in his hands. The settlement made by the administrator January 31st, 1879, was not a final settlement, and it required proof to justify the court in striking out the items in question, other than the account itself.
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Appeal from St. Louis Court of Appeals. (1) The circuit court, without proof, assumed author-! ity to falsify the account of defendant, and struck from it certain credits the effect of which was to change or increase the balance in his hands. The settlement made by the administrator January 31st, 1879, was not a final settlement, and it required proof to justify the court in striking out the items in question, other than the account itself. (2) An administrator’s account may be falsified, but only by bill or petition, and upon sufficient evidence. In this case it was done on verbal motion,…
1Opinion of the Court
Martin, C.
The only question presented by the appeal in this case is, whether on an application by a creditor of an estate for an order on the administrator to pay his demand, which has been duly exhibited and placed in the fifth class of claims, the answer of the administrator, that he has paid over the funds of the estate to the distributees, and, for that reason, has no funds on hand, constitutes a valid defense to the application. The St. Louis probate court. *563St. Louis circuit court and St. Louis court of appeals all held, in concurring opinions, that such payment was no discharge of the…
2Cases cited5 opinions
- In re DavisSupreme Court of Missouri · 1876
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Baker v. SchoenemanSupreme Court of Missouri · 1867
- Fenix v. Fenix's AdministratorSupreme Court of Missouri · 1883
3Cited by8 opinions
- Hines v. HookSupreme Court of Missouri · 1935
- In Re Peper v. BellSupreme Court of Missouri · 1920
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915
- State ex rel. Scott v. GreerMissouri Court of Appeals · 1903
- Barnes v. ReesMissouri Court of Appeals · 1891
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