Browning v. Richardson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) The public administrator had no right to talce charge of the partnership estates. E. S. 1899, secs. 7, 8 and 292. (2) The probate court had no power to appoint any one as administrator of any of the estates before the lapse of thirty days, unless those entitled to administer filed a written renunciation, or it was proved by evidence there was no one in the jurisdiction entitled to administer.
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Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) The public administrator had no right to talce charge of the partnership estates. E. S. 1899, secs. 7, 8 and 292. (2) The probate court had no power to appoint any one as administrator of any of the estates before the lapse of thirty days, unless those entitled to administer filed a written renunciation, or it was proved by evidence there was no one in the jurisdiction entitled to administer. These two facts are jurisdictional. E. S. 1899, secs. 7 and 8; Mullanphy v; St. L. Co. Ct., 6 Mo. 563; State ex rel. v. Collier,…
1Opinion of the CourtBrace, P. J.
— On the fourteenth of June, 1899, William C. Richardson, public administrator of the city of St. Louis, in charge of the estate of Browning, King & Company, filed in the probate court of said city his first annual settlement in said estate in words and figures as follows, to-wit:
1898.
June, To stock of goods as per appraisement ......................$182,859.16
“ fixtures, as per appraisement.. 6,322.50
“ good will, as per appraisement 18,000.00
“ accounts as per inventory____ 15,435.18
“ cash from sales .............. 25,452.13
“ cash from Hatch ............ 453.77
$248,522.74
Cr.
1898.
May 6, By…
2Cases cited1 opinion
- Gregory v. MenefeeSupreme Court of Missouri · 1884
3Cited by5 opinions
- Horton v. GentrySupreme Court of Missouri · 1948
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Estate of Poe v. PoeSupreme Court of Missouri · 1947
- In Re Harr Harr v. HawkinsMissouri Court of Appeals · 1929
- In re the Estate of BergerMissouri Court of Appeals · 1911