Peck v. Estate of Fillingham
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Son. G. A.- Wurdeman, Judge. (1) The circuit court erred in holding that the prohate court was without jurisdiction to hear and decide the issues raised herein.
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Appeal from the Circuit Court of St. Louis County.— Son. G. A.- Wurdeman, Judge. (1) The circuit court erred in holding that the prohate court was without jurisdiction to hear and decide the issues raised herein. The Constitution of this State gives the probate courts jurisdiction “over all matters pertaining to probate business;” as to matters pertaining to probate business the statute declares that the probate courts shall have jurisdiction to hear1 and determine all suits and other proceedings instituted against executors and administrators upon any demand against the estate of the…
1Opinion of the CourtBeckee, J.
This case originated in the probate court of St. Louis county where plaintiffs below, appellants here, filed a claim against the estate of Elizabeth Fillingham, deceased. Said probate court dismissed plaintiffs’ claim on the ground that it had no jurisdiction. On appeal the circuit court of St. Louis county heard the ease without the intervention of a jury, and ruled that the probate court was. without jurisdiction to entertain plaintiffs’ claim and accordingly entered judgment for the .defendant. After an unavailing motion for new trial, plaintiffs bring this appeal.
*282The demand upon which…
2Cases cited7 opinions
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- Winkler v. LietmanSupreme Court of Missouri · 1899
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Furnold v. Bank of the StateSupreme Court of Missouri · 1869
- State ex rel. Fleming v. ShackelfordSupreme Court of Missouri · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Helliker v. BramSupreme Court of Missouri · 1955
- State Ex Rel. Kemp v. ArnoldMissouri Court of Appeals · 1938
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- Estate of Main v. Main, Exec.Missouri Court of Appeals · 1941
5 more not listed; retrieve them via the Exa API.