Connor v. Paul
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. “Where there are two or more persons appointed co-executors in any -will, none shall have authority to act as such or intermeddle, except those who give bond. . . . Provided,' that in all cases where a testator by his last will and testament provided for the appointment of an executor, and requests that such executor shall not he required to give bond,” the giving of such bond shall be discretionary.
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Appeal from Jasper Circuit Court. — Hon. Haywood Scott, Judge. “Where there are two or more persons appointed co-executors in any -will, none shall have authority to act as such or intermeddle, except those who give bond. . . . Provided,' that in all cases where a testator by his last will and testament provided for the appointment of an executor, and requests that such executor shall not he required to give bond,” the giving of such bond shall be discretionary. E. S. 1899, sec. 12. (1) There is no security for creditors and legatees unless the courts hold the executor absolutely disqualified…
1Opinion of the CourtEllison, J.
— This action is based on a contract of subscription. The judgment in the trial court was for the plaintiff.
It appears that Thomas Connor in his lifetime contemplated the erection of a new hotel in the city of Joplin on the site of an old one. It was believed that the erection of such a hotel as he contemplated would greatly improve the city, and a number of citizens, this defendant among them, agreed to contribute towards the enterprise. Defendant subscribed one thousand dollars.
Connor died and left a will in which he appointed five executors including William H. Phelps, and he directed that…
2Cases cited7 opinions
- Wiltsey v. WiltseySupreme Court of Iowa · 1906
- Davison v. DavisonMissouri Court of Appeals · 1903
- Ryan v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Simons v. WittmannMissouri Court of Appeals · 1905
- Gallagher v. HollandNevada Supreme Court · 1888
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3Cited by2 opinions
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Citizens Bank & Trust Co. v. MooreMissouri Court of Appeals · 1924