Tygard v. Falor
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The burden of proof is always on the party holding the affirmative of the issue.
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Appeal from Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The burden of proof is always on the party holding the affirmative of the issue. It was therefore error to give instruction 5. (2) The probate court has no jurisdiction to try rights of property, and in this proceeding to discover assets under section 78, Bevised Statutes 1889, its jurisdiction is limited to the inquiry of good faith, and a bona fide claim of title, whether well founded or not, is sufficient to defeat the proceeding; It was therefore error to refuse instructions B (2) and C (4). Gordon v. Eans, 97 Mo. 587;…
1Opinion of the CourtSherwood, P. J.
Proceeding instituted in the probate court of Vernon county by Tygard as trustee, under the provisions of sections 74, 75, 77, 78, Hn. Rev. Stats. 1899, against Charles Ealor as executor of his father’s will, to compel him to inventory certain property. Section 74 makes provision that: “If the executor or administrator, or other person interested in any estate, file an affidavit in the proper court, stating that the affiant has good cause to believe and does believe that any person has concealed or embezzled [or is otherwise wrongfully withholding] any goods, chattels, money, books, papers or…
2Cases cited2 opinions
- Adair v. MetteSupreme Court of Missouri · 1900
- Gordon v. EansSupreme Court of Missouri · 1888
3Cited by31 opinions
- In Re Petersen's EstateSupreme Court of Missouri · 1956
- In Re the Estate of RandallIdaho Supreme Court · 1942
- Estate of Kaimann v. KaimannSupreme Court of Missouri · 1950
- Spencer v. BarlowSupreme Court of Missouri · 1928
- Trautmann v. TrautmannSupreme Court of Missouri · 1923
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