Estate of Campbell v. Campbell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) The affidavits for appeal below, filed in the probate eonrt were, if anything, only from the order of the probate court, suspending the executor. (2) The right to an appeal is statutory.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) The affidavits for appeal below, filed in the probate eonrt were, if anything, only from the order of the probate court, suspending the executor. (2) The right to an appeal is statutory. State ex rel. v. Wood-son, 128 Mo. 514; State ex rel. v. Talty, 139 Mo. 379; Kansas City v. Railroad, 189 Mo. 261; Star Bottling Co. v. Exposition Co., 240 Mo. 634. The fourth clause of Sec. 3956', R. S. 19019, was relied upon, to a large extent, below. This cannot, consistently with our decisions, b;e given an unrestrained…
1Opinion of the CourtGraves, C. J.
The ease now here originated in the prohate conrt of the city of St. Lonis. J ames Campbell died June 12, 1914, leaving a will, by the terms of which the Mercantile Trust Company was made the executor. This will was on June 16, 1914, dnly probated in the probate court of the city of St. Louis, and the Mercantile Trust Company duly qualified as executor, and letters testamentary were issued to it by that court, and said Mercantile Trust Company entered upon the discharge of its duties as such executor. Whilst the Mercantile Trust Company had possession of and was administering upon the estate…
2Cases cited2 opinions
- Hawkins v. CunninghamSupreme Court of Missouri · 1878
- State ex rel. Ashton v. ImelSupreme Court of Missouri · 1912
3Cited by17 opinions
- Ex Parte Hernreich v. QuinnSupreme Court of Missouri · 1943
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- In Re Estate of MillsSupreme Court of Missouri · 1942
- State Ex Rel. Barlow v. HoltcampSupreme Court of Missouri · 1929
- State Ex Rel. Reis v. NangleMissouri Court of Appeals · 1961
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