Missouri Ex Rel. Burnes National Bank of St. Joseph v. Duncan
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OE MISSOURI. Error to a judgment of the Supreme Court of Missouri which denied the bank's application for a writ of mandamus to compel a probate court to issue to it letters testamentary, it having been appointed executor by a will. I. When Congress enters any field over which it is given jurisdiction by the Constitution, it appropriates that field to the fullest extent necessary to insure the complete exercise of its sovereignty.
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ERROR TO THE SUPREME COURT OF THE STATE OE MISSOURI. Error to a judgment of the Supreme Court of Missouri which denied the bank's application for a writ of mandamus to compel a probate court to issue to it letters testamentary, it having been appointed executor by a will. I. When Congress enters any field over which it is given jurisdiction by the Constitution, it appropriates that field to the fullest extent necessary to insure the complete exercise of its sovereignty. Its enactments are the supreme law of the land, paramount to any state law or authority. McCulloch v. Maryland, 4 Wheat.…
1Opinion of the CourtJustice Holmes
The relator, the Bumes National Bank of St. Joseph, was appointed executor by a citizen of Missouri who died on November 27, 1922, leaving a will. The Bank applied to the proper Probate Court for letters testamentary, but was denied appointment on the ground that by the laws of Missouri national banks were not authorized to act as executors. Thereupon it applied to the Supreme Court of the State for a writ of mandamus to the Judge of the Probate Court and an alternative writ was issued. The respondent demurred, the demurrer was sustained and the *23peremptory writ was denied. 302 Mo. 130. A writ…
2Cases cited10 opinions
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- Western Union Telegraph Co. v. FosterSupreme Court of the United States · 1918
- First National Bank v. Fellows Ex Rel. Union Trust Co.Supreme Court of the United States · 1917
- Pullman Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Kenney v. Supreme Lodge of the World, Loyal Order of MooseSupreme Court of the United States · 1920
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