Graham v. Allison
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is a suit to have the circuit court construe the will of C. W. Allison, deceased, and direct the administrator as to the disbursement of a certain fund held by him.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This is a suit to have the circuit court construe the will of C. W. Allison, deceased, and direct the administrator as to the disbursement of a certain fund held by him. The petition is as follows, omitting the caption : “Plaintiff states that C. W. Allison departed this life on or about January 18, 1883. That before his death he made his last will and testament, and, after bequeathing to Miss Ellen Slaughter the sum of fifteen hundred dollars therein, he directed that the balance of his property,…
1Opinion of the CourtPhilips, P. J.
I. Several questions of minor im*524portance are raised by appellant, which, we will dispose of in their order. It is objected that the circuit court had no jurisdiction over the subject matter of this action. The objection is overruled. Such proceedings properly belong to the customary equity jurisdiction of our circuit courts. First Baptist Church v. Robberson, 71 Mo. 326; Russell v. Eubanks, 84 Mo. 83; Purdy v. Gault, 19 Mo. App. 291.
II. It is claimed that the administrator was not entitled to recover this fund from the insurance company, .and that he has no right to maintain this action. The…
2Cases cited18 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Sweet v. MaupinSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Lich v. LichMissouri Court of Appeals · 1911
- Walker v. PetersMissouri Court of Appeals · 1909
- Andre v. AndreSupreme Court of Missouri · 1921
- Haugh v. BokernSupreme Court of Missouri · 1930