State ex rel. McGeever v. Shires
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — HoN. Cyrus A. Akthoky, Judge. (1) The court erred in admitting the testimony oí John D. Dopf to prove the publication of notice of letters, and of so-called notice to unknown heirs, and in .admitting him to read the notices from the files of the “Atchison County Journal,” for the reason that such notices were never filed in the probate court, and never became a part of its records as required by the statute.
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Appeal from the Atchison Circuit Court. — HoN. Cyrus A. Akthoky, Judge. (1) The court erred in admitting the testimony oí John D. Dopf to prove the publication of notice of letters, and of so-called notice to unknown heirs, and in .admitting him to read the notices from the files of the “Atchison County Journal,” for the reason that such notices were never filed in the probate court, and never became a part of its records as required by the statute. R. S. 1889, secs. 38, 89 and 90. (2) The notice to unknown heirs, as published, did not comply with the statute, in fact, does not purport to be…
1Opinion of the CourtEllison, J.
This suit was instituted July 5, 1887, upon the bond of Harvey Shires, public administrator of Atchison county, given March 3, 1874. The suit was dismissed as to Shires and Stivers, who are dead, and is pending against the sureties.
James McG-eever, the husband of one and father of another of the relators, who had left home in New York in 1855 on a supposed peddling expedition to the West, died August 23, 1871, in Atchison county, Missouri, without the knowledge of relatives, and leaving, 'as- was supposed in Atchison county, no known heirs. He left an estate amounting to about six hundred…
2Cases cited3 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- Morehouse v. WareSupreme Court of Missouri · 1883
- State ex rel. Fagan v. GrigsbySupreme Court of Missouri · 1887
3Cited by3 opinions
- Dingle v. PollickMissouri Court of Appeals · 1892
- Bailey v. Gilman BankMissouri Court of Appeals · 1903
- Bolz Cooperage Corp. v. BeardsleeMissouri Court of Appeals · 1922