Lewis v. Carson
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. The proceeds of sale of the real estate with which the administrator charges himself, are not assets. The rents collected by him are strictly in the same category, since he is liable to the devisees for these rents. —Ferguson v. Carson, 13 Mo. App. 29; Rodman v. Rodman, 54 Ind. 444-447; Hawkins v. Kimball, 57 Ind. 42; Terry v. Ferguson, 8 Port. 500; Goodrich v. Thompson, 4 Day, 215; Griffith y.
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Appeal from the St. Louis Circuit Court, Horner, J. The proceeds of sale of the real estate with which the administrator charges himself, are not assets. The rents collected by him are strictly in the same category, since he is liable to the devisees for these rents. —Ferguson v. Carson, 13 Mo. App. 29; Rodman v. Rodman, 54 Ind. 444-447; Hawkins v. Kimball, 57 Ind. 42; Terry v. Ferguson, 8 Port. 500; Goodrich v. Thompson, 4 Day, 215; Griffith y. Beecher, 10 Barb. 4,32 ; Stone v. Zimmerman, 21 Port. 394. The Webb purchase-money was assets for which the administrator is liable. — JDix v.…
1Opinion of the CourtBakewell, J.
This was an application to the probate court by the administrator de bonis non of John B. Carson, to ascertain the amount of moneys and property of the estate which ought to be in the hands of the former administrator upon a legal settlement, and for judgment for such amounts against such administrator and William F. Ferguson, one of the sureties upon his bond, and for execution to enforce said judgment. .The petition specially sets up seventeen *344items of credits taken by the former administrator in his settlements, to which it is claimed he was not entitled, amounting altogether to…
2Cases cited16 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Estate of Merritt v. MerrittSupreme Court of Missouri · 1876
- Hankins v. KimballIndiana Supreme Court · 1877
- Rodman v. RodmanIndiana Supreme Court · 1876
- Dix v. MorrisSupreme Court of Missouri · 1877
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3Cited by1 opinion
- Harms v. PohlmannMissouri Court of Appeals · 1927