West v. Brison
Supreme Court of Missouri
Appeal from Pass Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The court erred in refusing instruction number 4, asked by the plaintiff. The powers of an administrator are derived from the statute, and he holds the personalty of the estate in auter droit, and as trustee. It is his duty to collect the debts due the estate, and discharge its liabilities.
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Appeal from Pass Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The court erred in refusing instruction number 4, asked by the plaintiff. The powers of an administrator are derived from the statute, and he holds the personalty of the estate in auter droit, and as trustee. It is his duty to collect the debts due the estate, and discharge its liabilities. The power to make a voluntary release of a debt or of a surety is inconsistent with his statutory duty to collect the debts due the estate, pay the demands allowed against the estate, and distribute residue among 'those entitled to it. R.…
1Opinion of the CourtBlack, J.
On May 7, 1872, letters of administration were issued upon the estate of James R. Cline to *688his widow, Nettie Cline, and her father, James Blair, Jr.; and they gave bond in the sum of thirty-five thousand dollars. for the performance of their duties, with James Blair, Sr., William T. Brison, J. 0. and A. Et. Boggs and Gr. W. Feely as sureties. The letters of administration were revoked in May, 1873, and the estate ordered into the hands of Newton P. Brooks, public administrator of Cass county. On September 6, 1873, Brooks, as such administrator, recovered a judgment against the former…
2Cases cited3 opinions
- Rice v. MortonSupreme Court of Missouri · 1854
- Dodd v. WinnSupreme Court of Missouri · 1858
- Smarr v. McMasterSupreme Court of Missouri · 1864
3Cited by12 opinions
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- Bank of Neelyville v. LeeMissouri Court of Appeals · 1914
- Bank of Neelyville v. LeeMissouri Court of Appeals · 1917
- Cummings v. Badger Lumber Co.Missouri Court of Appeals · 1908
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