State ex rel. Mitchell v. Guinotte
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. John W. Henry} Judge. STATEMENT BY BrOADDUS, P. J. The statement of relator is sufficient for an understanding of the principal questions raised in the case. It is as follows: S. A. Mutchmore died in the State of Pennsylvania, his last will and testament being filed and admitted to probate in the probate court of Jackson county, Missouri. By his will his widow was nominated and qualified as executrix in Pennsylvania.
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Appeal from Jackson Circuit Court. — lion. John W. Henry} Judge. STATEMENT BY BrOADDUS, P. J. The statement of relator is sufficient for an understanding of the principal questions raised in the case. It is as follows: S. A. Mutchmore died in the State of Pennsylvania, his last will and testament being filed and admitted to probate in the probate court of Jackson county, Missouri. By his will his widow was nominated and qualified as executrix in Pennsylvania. Desiring ancillary administration in Missouri, the executrix caused the will to be probated in Jackson county, and E. E. Crutcher was…
1Opinion of the Court
OPINION.
BROADDUS, P. J.
— It is conceded that one of the relators, under section 7, Revised Statutes 1899, would be entitled to administer on the estate of the deceased as being the next of kin. Even if it were not so conceded, the statute leaves no room for doubt in the matter, and it is useless to comment on the authorities of relators cited on the question. The only question before the court is whether a writ of mandamus will lie to compel the probate court to set aside the order appointing Crutcher, not of kin, administrator and grant letters to relators or either of them. Respondents…
2Cases cited6 opinions
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Ferguson's Administrator v. Carson's AdministratorSupreme Court of Missouri · 1885
- State ex rel. Adamson v. CollierMissouri Court of Appeals · 1895
- State ex rel. Spickerman v. AllenSupreme Court of Missouri · 1887
- Ferguson v. CarsonMissouri Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
- Flick v. SchenkSupreme Court of Missouri · 1908
- State Ex Rel. Wilkinson v. EdwardsSupreme Court of Missouri · 1924
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- Crouse v. GreensfelderMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.