Baldwin v. Davidson
Supreme Court of Missouri
Appeal from Washington Circuit Court. — Hon. J. E. G-reen, Judge. (1) It was not necessary in this case to prove actual and positive fraud in the act of obtaining the judgment of approval of the final settlement of I. M. Davidson, as administrator of the estate of J. W. Baldwin, to authorize a court of equity to set it aside. But any improper omission or concealment, which results in -loss to those interested, is sufficient without regard to the motives that actuated it.
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Appeal from Washington Circuit Court. — Hon. J. E. G-reen, Judge. (1) It was not necessary in this case to prove actual and positive fraud in the act of obtaining the judgment of approval of the final settlement of I. M. Davidson, as administrator of the estate of J. W. Baldwin, to authorize a court of equity to set it aside. But any improper omission or concealment, which results in -loss to those interested, is sufficient without regard to the motives that actuated it. Story’s Equity Jur., sec. 187; Clyce v. Anderson, 49 Mo. 40, 41; Bouts v. Shepherd, 79 Mo. 144; Smiley v. Smiley, 80 Mo.…
1Opinion of the CourtBurgess, J.
This is a suit in equity by the only childi’en and heirs at law of J. W. Baldwin, deceased, to surcharge and falsify the accounts of I. M. Davidson as the administrator of the estate of said Joseph W. Baldwin, deceased. The suit was begun in the cir*123cuit court of Butler county, but the venue was subsequently changed to the circuit court of Washington county, where a trial was had on the eighth day of March, 1894. The defendant, I. M. Davidson, died since the suit has been pending in this court, and it was revived against the present defendants as his executors.
At the request of plaintiffs the…
2Cases cited8 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Smith v. SimsSupreme Court of Missouri · 1883
- Mayberry v. McClurgSupreme Court of Missouri · 1873
- Wells v. MooreSupreme Court of Missouri · 1872
- Miles v. JonesSupreme Court of Missouri · 1859
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3Cited by11 opinions
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- Baldwin v. DaltonSupreme Court of Missouri · 1902
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