McMillan v. Wacker
Missouri Court of Appeals
Appeal from the Gasconade Circuit Court. — Hon. Budolph Hiezel, Judge. Upon the death of Louise Wacker, the mother of plaintiff’s wards, the property passed to the administrator of said Louise, unless an order had been made by the probate court of Gasconade county, that no letters of administration should issue, as provided by section 2, chapter 1 of the Revised Statutes of 1889. Griswold v. Mattix, 21 Mo.
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Appeal from the Gasconade Circuit Court. — Hon. Budolph Hiezel, Judge. Upon the death of Louise Wacker, the mother of plaintiff’s wards, the property passed to the administrator of said Louise, unless an order had been made by the probate court of Gasconade county, that no letters of administration should issue, as provided by section 2, chapter 1 of the Revised Statutes of 1889. Griswold v. Mattix, 21 Mo. App. 282; Helman v. Wellenkamp, 71 Mo. 407; Smith v. Benny, 37 Mo. 20. And until an administration is shown, or an order dispensing with an administration, the heirs have no right to the…
1Opinion of the CourtGill, J.
— Plaintiff McMillan brought this suit for and in behalf of his minor wards, Ered A. and Henry Waeker. The action is replevin, originating before a justice of the peace, and is to recover the possession of certain household goods which it is alleged belonged to these children. On a trial in the circuit court, where the cause was taken by appeal, there was a judgment for plaintiff, and defendant appealed.
In July, 1886, Louise Waeker, the mother of the above named minors, died intestate, leaving as her *222own separate property the household goods in question,' and these two children as her only…
2Cases cited2 opinions
- Smith v. DennySupreme Court of Missouri · 1865
- Hill v. MorrisMissouri Court of Appeals · 1886
3Cited by8 opinions
- Missouri Pacific Railway Co. v. BradleyNebraska Supreme Court · 1897
- Mahoney v. NevinsSupreme Court of Missouri · 1905
- Nelson v. TrollMissouri Court of Appeals · 1913
- Byers v. WeeksMissouri Court of Appeals · 1904
- Perkins v. GoddinMissouri Court of Appeals · 1905
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