State ex rel. Green v. Henderson
Supreme Court of Missouri
Prohibition. (1) The probate court had no jurisdiction to make the order of distribution, because the statutory notice had not been given. Lilly v. Menke, 126 Mo. 220; In re Grider, 21 Pac. Rep. 523; Timberlake v. Brewer, 29 Ala. 108; Snell v. Rawlings, 3 Humph.
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Prohibition. (1) The probate court had no jurisdiction to make the order of distribution, because the statutory notice had not been given. Lilly v. Menke, 126 Mo. 220; In re Grider, 21 Pac. Rep. 523; Timberlake v. Brewer, 29 Ala. 108; Snell v. Rawlings, 3 Humph. (Tenn.) 85. The court had no jurisdiction to make the order of distribution, because the transcript on appeal, required by section 286, Revised Statutes 1899, had not been certified by the clerk of the circuit court to the probate court. State ex rel. v. Guinotte, 156 Mo. 519. (2) The probate court having made the order of…
1Opinion of the CourtValliant, J.
— Tbis is an original proceeding in wbieb a writ of prohibition is sought against tbe probate court of tbe city of St. Louis to prevent tbe enforcement of an order of distribution against tbe relator as executor of tbe will of Patrick J. Burke, deceased.
Tbe petition states that Patrick J. Burke died in St. Louis, leaving a will disposing of real and personal estate, in which tbe relator was named as executor; that tbe will was duly probated and relator qualified as executor in tbe probate court of St. Louis; that at tbe September term, 1899, relator having previously given tbe notice required…
2Cases cited3 opinions
- Jones v. HartSupreme Court of Missouri · 1875
- Gibbs v. SouthernSupreme Court of Missouri · 1893
- Branson v. BransonSupreme Court of Missouri · 1890
3Cited by18 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Byrd v. BrownMissouri Court of Appeals · 1982
- Byrd v. BrownMissouri Court of Appeals · 1981
- Moulton v. SmithArizona Supreme Court · 1922
- In Re Marriage of WilfongMissouri Court of Appeals · 1983
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