Legal Opinion

Ivie v. Ewing

Missouri Court of Appeals

Decided October 1, 1906PublishedCited by 2 opinions

Appeal from Schuyler Circuit Court. — No». Nat. M. Shelton, Judge. (1) The probate court has no equity powers. In re Glover & Sheply, 127 Mo. 153; Patterson v. Booth, 103 Mo. 402; Pres. Church y. McElhiny, 61 Mo. 540. (a) It cannot determine interests of litigants under a will. Brown v. Cole, 136 M'o. 201. (b) It cannot try questions of ownership. Johnson v. Jones, 47 Mo. App. 237; State v. Jones, 53 Mo. App. 207; State v. Jones,, 131 Mo. 194; Conly v. Truitt, 63 Mo.

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Appeal from Schuyler Circuit Court. — No». Nat. M. Shelton, Judge. (1) The probate court has no equity powers. In re Glover & Sheply, 127 Mo. 153; Patterson v. Booth, 103 Mo. 402; Pres. Church y. McElhiny, 61 Mo. 540. (a) It cannot determine interests of litigants under a will. Brown v. Cole, 136 M'o. 201. (b) It cannot try questions of ownership. Johnson v. Jones, 47 Mo. App. 237; State v. Jones, 53 Mo. App. 207; State v. Jones,, 131 Mo. 194; Conly v. Truitt, 63 Mo. App. 358. (c) It cannot try title to real estate. Smith v. Gilmore, 13 Mo. App. 155; Rifle v. Land & Lumber Co., 71 Mo. App.…

1Opinion of the CourtBroaddus, P. J.

On the 3rd day of July, 1895, Horace G. Pitkin, a resident of Scotland county, Missouri, died intestate. On July 30th following, his widow, Rachael A. Pitkin, and his son, Albert H. Pitkin, were severally appointed administratrix and administrator of the deceased’s estate, gave bond and qualified as such. Afterwards, failing to give a new bond as directed by the probate court, their letters of administration were revoked and they made' their final settlement which was approved by the court. The respondent, Joel P. Ewing, was appointed administrator de bonis non} who executed bond and duly…

2Cases cited8 opinions

  1. Butler v. LawsonSupreme Court of Missouri · 1880
  2. First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
  3. Patterson v. BoothSupreme Court of Missouri · 1890
  4. Hammons v. RenfrowSupreme Court of Missouri · 1884
  5. Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876

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3Cited by2 opinions

  1. State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
  2. Ewing v. ParrishMissouri Court of Appeals · 1910

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