First Baptist Church v. Robberson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. "W. F. Geiger, Judge. The plaintiff filed a petition in the circuit court of Greene county which was substantially as follows : That plaintiff is a corporation duly incorporated and organized under the general laws of the State of Missouri; that on the 26th day of October, 1870, Harriet Bailey made and published her last will, as follows : * * Second.
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Appeal from Greene Circuit Court. — Hon. "W. F. Geiger, Judge. The plaintiff filed a petition in the circuit court of Greene county which was substantially as follows : That plaintiff is a corporation duly incorporated and organized under the general laws of the State of Missouri; that on the 26th day of October, 1870, Harriet Bailey made and published her last will, as follows : * * Second. I hereby bequeath the sum of $5,000 to be expended in the erection of a church edifice in the city of Springfield, to be used and enjoyed by the Baptist society forever as a church. It is my will that…
1Dissent
Hough, J.,
Dissenting. — I dissent from the opinion of the majority on the question of jurisdiction. I do not presume it will be contended by any one that the probate court is a court of chancery, or a court exercising general equity powers, and in that sense the decision in Presbyterian Church v. McElhinney, 61 Mo. 540, is correct; but there can be no question that, since the year 1825, probate courts in this State have been invested with, and have lawfully exercised in the settlement of estates, powers and jurisdiction *340formerly exercised only by courts of chancery. The simple reading of the…
2Cases cited25 opinions
- Bredell v. CollierSupreme Court of Missouri · 1867
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Titterington v. HookerSupreme Court of Missouri · 1875
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Pearce v. CalhounSupreme Court of Missouri · 1875
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