State ex rel. Crane v. Heinrichs
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The plaintiffs could not maintain their action against the former executor and his securities; they should have proceeded against the administrator in charge of the estate.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The plaintiffs could not maintain their action against the former executor and his securities; they should have proceeded against the administrator in charge of the estate. R. S., §§ 48,49; State v. Hunter, 15 Mo. 388; Scott v. Crews, 72 Mo. 261. When an administrator resigns, it is his duty to pay over all funds of the estate in his hands to his successor; the former has no authority to make distribution after his office ceases. Connelly’s Appeal, 1 Grant (Pa.) 366; Lane v. State, 27 Ind. 108. The petition is defective in failing…
1Opinion of the Court
Philips, C.
The defendant, Heinrichs, qualified and acted as the executor of the last will and testament of Agnes Heinrichs, deceased, in Cole county. He gave bond as such on the 6th day of November, 1874. The petition in this case alleges, after the usual preliminary averments, that-, on the 11th day of November, 1875, the plaintiffs proved up an account against said estate for the sum of $781.77, which the probate court then allowed and placed in the fifth class. This suit is brought by plaintiffs against said Heinrichs and the sureties on his official bond to recover the amount of said…
2Cases cited7 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
- Scott v. CrewsSupreme Court of Missouri · 1880
- State ex rel. Coste v. FultonSupreme Court of Missouri · 1864
- State ex rel. Blanton's Adm'r v. HunterSupreme Court of Missouri · 1852
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3Cited by5 opinions
- Francisco v. WingfieldSupreme Court of Missouri · 1901
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- State ex rel. Langston v. ZornMissouri Court of Appeals · 1909
- State ex rel. Bubb v. ShacklettMissouri Court of Appeals · 1906