Johnson v. Johnson
Missouri Court of Appeals
Appeal from the Daviess Circuit Cou/rt. — Hon. E. J. Broaddus, Judge. (1) The court below erred in giving defendant’s declaration of law in the nature of a demurrer to plaintiff’s evidence. (2) Plaintiff’s remedy was appeal from final settlement and-order of distribution.
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Appeal from the Daviess Circuit Cou/rt. — Hon. E. J. Broaddus, Judge. (1) The court below erred in giving defendant’s declaration of law in the nature of a demurrer to plaintiff’s evidence. (2) Plaintiff’s remedy was appeal from final settlement and-order of distribution. Bran-son v. Branson, 102 Mo. 613; Patterson v. Booth, 103 Mo. 402; Nelson v. Barnett, 123 Mo. 564; French v. Stratton, 79 Mo. 560. (3) Plaintiff could not have been safe in allowing final settlement to be made and then pursue defendant under sections 275 and 278 of our statutes. McClelland v. McClelland, 42 Mo. App. 32.…
1Opinion of the CourtGill, J.
statement. At the November term, 1895, of the probate court of Daviess county, John H. Johnson, as executor of his deceased father, filed his accounts for a final settlement,, wherein, among other items, it appeared that he received from the sale of certain real estate belonging to the estate the gross sum of $1,261. Thereupon Hugh M. Johnson, a brother of the executor and a legal distributee of the estate, filed objections to the final settlement in which he, the objector, complained that said executor had sold the land to his son-in-law for $1,261, when at the same time the said executor…
2Cases cited9 opinions
- Hickman v. City of KansasSupreme Court of Missouri · 1894
- Patterson v. BoothSupreme Court of Missouri · 1890
- Sheetz v. KirtleySupreme Court of Missouri · 1876
- Nelson v. BarnettSupreme Court of Missouri · 1894
- French v. StrattonSupreme Court of Missouri · 1883
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3Cited by3 opinions
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Smith v. St. Louis Union Trust Co.Supreme Court of Missouri · 1937
- In re Estate of BranchMissouri Court of Appeals · 1907