Winkler v. Lietman
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard ' Eield, Judge. (1) The court committed no error in refusing to give respondent’s instruction numbered 21. E. S. 1889, secs. 6774 and 6781; Orrv.
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Appeal from Lafayette Circuit Court. — Hon. Richard ' Eield, Judge. (1) The court committed no error in refusing to give respondent’s instruction numbered 21. E. S. 1889, secs. 6774 and 6781; Orrv. Wilmarth, 95 Mo. 212. (2) While the probate court is not invested with independent equity jurisdiction, it is the proper forum to settle all matters which appertain strictly to the administration and distribution of estates, and in doing so may, and often does, exercise all powers of an equitable nature necessary to the complete performance of its duties. Wherefore the court committed no error in…
1Opinion of the CourtMarshall, J.
Appeal from order granting defendant a new trial.
We adopt appellant’s statement of the ease, which is as follows:
“Respondent, John H. Lietman, is a nephew of George H. Lietman, deceased, resides in Pittsburg, Pennsylvania, and never has resided in the State of Missouri.
“In June, 1880, said John H. Lietman executed a promissory note for $2,000, and in May, 1881, one for $4,000, payable to the order of said George H. Lietman, together with interest at the rate of 6 per cent per annum.
“The $2;000 note has two credits indorsed thereon:. ‘May 24, 1881, paid interest in full, $120;’ ‘May 24, 1882, *115p…
2Cases cited7 opinions
- Tinkham v. SmithSupreme Court of Vermont · 1883
- Clarke v. BogardusNew York Supreme Court · 1834
- Hansard v. SharpTennessee Supreme Court · 1850
- Bowen v. EvansSupreme Court of Iowa · 1886
- Johnson v. JonesMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Holden v. SpierSupreme Court of Kansas · 1902
- Thompson v. McCuneSupreme Court of Missouri · 1933
38 more not listed; retrieve them via the Exa API.