Fritch v. Fritch
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Row. George II. Shields, Judge. (1) In presenting and prosecuting against the estate an application for an appropriation, and at the same time assuming to represent the estate as administratrix, respondent occupied inconsistent positions, and attempted to represent adverse interests; the action of the prohate court on her application was therefore neither final nor conclusive on the creditors. State ex rel.
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Appeal from. St. Louis City Circuit Court. — Row. George II. Shields, Judge. (1) In presenting and prosecuting against the estate an application for an appropriation, and at the same time assuming to represent the estate as administratrix, respondent occupied inconsistent positions, and attempted to represent adverse interests; the action of the prohate court on her application was therefore neither final nor conclusive on the creditors. State ex rel. Miller v. Bidlingmaier, 2,6 Mo. 483, 485'; State ex rel, Mueller v. Reinhardt, 31 Mo. 95; Clark v. Crosswhite, 28 Mo. App. 34; Freeman, Admr.,…
1Opinion of the CourtAllen, J.
This is an appeal from a judgment •of the circuit court of the city of St. Louis, reversing and setting aside a certain order of the probate court •of said city.
The respondent, Elizabeth Fritch, is the widow of George W. Fritch, deceased, and is the administratrix of the estate of her husband. On January 9, 1911, at *438the December term 1910, of said probate court, and while the estate was in process of administration therein, respondent, as the said widow of the deceased, made-application to the court for an allowance to her in lieu of provisions, out of the funds on hand in said estate, under…
2Cases cited9 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Cummings v. CummingsSupreme Court of Missouri · 1873
- Waters v. HerbothSupreme Court of Missouri · 1903
- State ex rel. Deems v. HoltcampSupreme Court of Missouri · 1912
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3Cited by2 opinions
- Nidy v. RiceMissouri Court of Appeals · 1931
- Lawrence v. LawrenceMissouri Court of Appeals · 1922