Helgans v. Schnecko
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The administrator has no authority under the law to change the purchase price of real estate of his decedent, sold at public sale by him of his own free will. Crowley v. McCrary, 45 Mo. App. 356. The probate court has no powers except those conferred by statutory enactments or by necessary implication. Bradley v. Woerner, 46 Mo.
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The administrator has no authority under the law to change the purchase price of real estate of his decedent, sold at public sale by him of his own free will. Crowley v. McCrary, 45 Mo. App. 356. The probate court has no powers except those conferred by statutory enactments or by necessary implication. Bradley v. Woerner, 46 Mo. App. 371; Braw-ford v. Wolfe, 103 Mo. 391. The judgment of the probate court, approving the report of sale, was a final judgment from which an appeal would lie, and can not be collaterally…
1Opinion of the CourtBiggs, J.
This litigation arose out of an exception or objection to the final settlement of the accounts of R. 0. Schneeko, as administrator of the estate of Christina Hesehe, deceased. The probate court overruled the exception and approved the settlement. The exceptors appealed to the circuit court, where their exception was sustained. Subsequently the court set aside the finding and granted a new trial. The ex-ceptors have appealed from the order sustaining the motion for a new trial.
The facts are these: In October, 1895, the administrator sold the land of the deceased for the payment of debts. The…
2Cases cited5 opinions
- Henry v. McKerlieSupreme Court of Missouri · 1883
- Camden v. PlainSupreme Court of Missouri · 1886
- Macey v. StarkSupreme Court of Missouri · 1893
- Fenix v. Fenix's AdministratorSupreme Court of Missouri · 1883
- State ex rel. Lewis v. SchleiffarthMissouri Court of Appeals · 1881
3Cited by3 opinions
- Ancell v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1909
- Harms v. PohlmannMissouri Court of Appeals · 1927
- In re Estate of AlbertMissouri Court of Appeals · 1899