Hawkins v. Cunningham
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. G. H. Burokhartt, Judge. Under the statute, (1 Wag. Stat., p. 72, § 13,) an administrator pendente lite is required to take charge of the property and administer the same according to law. The administration law makes no distinction between general and special administrators, and fixes their compensation at five per cent., which cannot be altered by the court. 1 Wag.
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Appeal from Howard Circuit Court. — Hon. G. H. Burokhartt, Judge. Under the statute, (1 Wag. Stat., p. 72, § 13,) an administrator pendente lite is required to take charge of the property and administer the same according to law. The administration law makes no distinction between general and special administrators, and fixes their compensation at five per cent., which cannot be altered by the court. 1 Wag. Stat., p. 108, § 9 ; Me Whorter v. Benson, 1 Hopk. 28 ; Vanderheyden v. Vanderheyden, 2 Paige 287. The compensation allowed by the court having probate jurisdiction, is final, and not…
1Opinion of the CourtHenry, J.
In the year 1874, or 1875, -Wesley Hieronymus died in Howard county, having made a last will and testament by which John W. Hawkins was appointed his executor. The will was admitted to probate by the county court of said county, but certain of his heirs, filed *417their petition in the circuit court of said county, contesting the validity of the will, and W. F. Cunningham was appointed administrator pending the contest. On the 4th of October, 1875, the suit between the heirs and executor having been dismissed in pursuance of a compromise agreement, the county court revoked Cunningham’s letters of…
2Cases cited1 opinion
- Lamb v. HelmSupreme Court of Missouri · 1874
3Cited by10 opinions
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Matson v. PearsonMissouri Court of Appeals · 1906
- Estate of Campbell v. CampbellSupreme Court of Missouri · 1918
- In re the Estate of McCuneSupreme Court of Missouri · 1882
- RoBards v. LambSupreme Court of Missouri · 1886
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