Elstroth v. Young
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. This litigation has engaged the attention of the court twice before. 78 Mo. App. 561; 83 Mo. App. 253. Reference is made to those opinions for most of the facts. The appeal in the present instance is from an order sustaining respondent’s motion for a new trial. The court assigned no reason for granting it.
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Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. STATEMENT OE THE CASE. This litigation has engaged the attention of the court twice before. 78 Mo. App. 561; 83 Mo. App. 253. Reference is made to those opinions for most of the facts. The appeal in the present instance is from an order sustaining respondent’s motion for a new trial. The court assigned no reason for granting it. Appellants presented the last opinion and mandate and, the ages of the minor children being admitted, the present worth of their homestead right in the surplus cash arising from the sale-of their…
1Opinion of the CourtGoode, J.
Tbe mandate directing tbe surplus, less *422the value of the homestead interest; to be distributed among the creditors, neither said nor meant that none of it could be used for anything else. There are some deductions which ought to be first made. The administrator is entitled to take out his commission (section 222, Revised Statutes 1899), taxes paid by him and expenses of administration, including reasonable compensation for necessary legal assistance whether in this matter or others arising out of his duties. He is not entitled to commission on the homestead portion. What the second appeal…
2Cases cited8 opinions
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Titterington v. HookerSupreme Court of Missouri · 1875
- Shaw v. HoadleyIndiana Supreme Court · 1846
- In re Motier's EstateMissouri Court of Appeals · 1879
- Jewell v. KnettleMissouri Court of Appeals · 1890
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3Cited by4 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Crooks v. HarrelsonCourt of Appeals for the Eighth Circuit · 1929
- In re the Estate of JamesMissouri Court of Appeals · 1968
- Harrelson v. CrooksDistrict Court, W.D. Missouri · 1928