State ex rel. Burns v. Romjue
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Nathaniel Broyles died single, intestate and without issue. Relators, as next of Lin, were entitled to administer. Section 7 of the statute, fixes the priority, and the probate court may be compelled by mandamus to appoint them. It is a ministerial, not a judicial act. Flick y. Schenk, 212 M'o. 279; Grover v. Fowler, 108 Mo. 470; Mitchell v. Guinotte, 113 Mo. App. 399; State ex rel. v. Reynolds, 121 Mo.
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Appeal from Macon Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) Nathaniel Broyles died single, intestate and without issue. Relators, as next of Lin, were entitled to administer. Section 7 of the statute, fixes the priority, and the probate court may be compelled by mandamus to appoint them. It is a ministerial, not a judicial act. Flick y. Schenk, 212 M'o. 279; Grover v. Fowler, 108 Mo. 470; Mitchell v. Guinotte, 113 Mo. App. 399; State ex rel. v. Reynolds, 121 Mo. App. 699; Hollingsworth v. Jeffries, 121 Mo. App. 660; In re Estate Evans, 117 Mo. App. 629; Stevens v. Larwill, 110 Mo.…
1Opinion of the CourtJohnson, J.
This is a mandamus suit brought by relators in the circuit court of Macon county to compel the respondent, the probate judge of that county, to revoke letters of administration improvidently issued and to issue letters to relators. An alternative writ was issued, appropriate pleadings were filed by the respective parties and the issues were tried and determined in favor of respondent. Relators bring the cause here by appeal.
Nathaniel Broyles died intestate in Macon county, February 1, 1908. He left neither widow nor issue and of his heirs, throe were residents of this State, namely, Martha J.…
2Cases cited2 opinions
- Estate of SargentWisconsin Supreme Court · 1885
- Brown v. HarmonNebraska Supreme Court · 1906
3Cited by6 opinions
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
- State Ex Rel. Dryden v. ThymMissouri Court of Appeals · 1955
- State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933
- State ex rel. Burke v. RossMissouri Court of Appeals · 1967
- Ross v. Pitcairn, 38621 (mo.banc 4-8-1944)Supreme Court of Missouri · 1944
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