Ex Parte Gfeller
Supreme Court of Missouri
Habeas Corpus. (1) H. H. Linze, on whose affidavit the citation issued, was neither executor,- administrator nor a person interested in the estate. The answer to the citation sets up the first clause of the will of Mrs. Catherine Linze, by which she cuts off her husband from all interest in her estate. This will was duly probated, the executor appointed under it is acting under and is bound by it.
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Habeas Corpus. (1) H. H. Linze, on whose affidavit the citation issued, was neither executor,- administrator nor a person interested in the estate. The answer to the citation sets up the first clause of the will of Mrs. Catherine Linze, by which she cuts off her husband from all interest in her estate. This will was duly probated, the executor appointed under it is acting under and is bound by it. Until set aside by decree of court, in a proceeding for that purpose, or directly, this first clause bars Linze of all interest. The filing of an affidavit by a proper party is jurisdictional. Eans…
1Opinion of the CourtBurgess, J.
Catherine Linze died at the city of St. Louis, leaving surviving her her husband, Henry Linze. In November, 1901, letters testamentary were duly granted by the probate court of said city upon her estate, to the St. Louis Trust Company, in pursuance of her will duly admitted to probate by said court.
On October 11,1902, the petitioner in this case, Alfred Gfeller, was arrested and held in custody by the sheriff: of the city of St. Louis, under a commitment issued prior thereto by one Augustus M. Wood, a notary public within and for the city of St. Louis. On the same day Gfeller presented his…
2Cases cited16 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Chirac v. ReinickerSupreme Court of the United States · 1826
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Martin, Jr.Ohio Supreme Court · 1943
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- Davis v. JohnsonSupreme Court of Missouri · 1933
- In re SanfordSupreme Court of Missouri · 1911
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
5 more not listed; retrieve them via the Exa API.