State ex rel. Gray v. Carroll
Missouri Court of Appeals
Appeal from. Pike Circuit Court. — Hem. David E. Eby, Judge. (1) That the final settlements of executors have the force and effect of final judgments, and are entitled to the same immunities, is no longer questioned in this State. This view is sustained by an unbroken line of authorities in this State.
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Appeal from. Pike Circuit Court. — Hem. David E. Eby, Judge. (1) That the final settlements of executors have the force and effect of final judgments, and are entitled to the same immunities, is no longer questioned in this State. This view is sustained by an unbroken line of authorities in this State. State ex rel. v. Roland, 23 Mq. 95; Carton v. Botte, 73 Mo. 274; Van Bibber v. Julian, 81 Mo. 618; Patterson v. Booth, 103 Mo. 402. (2) A judgment of a probate court, finally settling and distributing an estate and discharging an executor, is a final judgment, which, after the expiration of the…
1Opinion of the CourtRetburn, J.
This .is an action upon tbe statutory bond of executors against them and their sureties, and tbe breach assigned is that tbe probate court of Pike county ordered tbe executors to pay to tbe trustee of the estate, whereof plaintiff was present trustee, a distributive share, a balance of which remained unpaid after demand therefor.
Tbe joint answer of defendants admitted tbe fiduciary capacity of plaintiff, tbe executorship and bond, but denied tbe breach and pleaded affirmatively payment to plaintiff’s trust of all sums due from tbe estate administered on. Tbe answer further averred tbat tbe…
2Cases cited17 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- McClanahan v. WestSupreme Court of Missouri · 1889
- Patterson v. BoothSupreme Court of Missouri · 1890
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Sheetz v. KirtleySupreme Court of Missouri · 1876
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3Cited by4 opinions
- Ruehling v. Pickwick-Greyhound Lines, Inc.Supreme Court of Missouri · 1935
- Michie v. GraingerMissouri Court of Appeals · 1910
- Lowry-Miller Lumber Co. v. DeanMissouri Court of Appeals · 1930
- Advance Thresher Co. v. SpeakMissouri Court of Appeals · 1912