Leakey v. Maupin
Supreme Court of Missouri
APPEAL from Howard Circuit Court. 1st. By the common law the personal estate of all intestates vested in the administrator without any charge of distribution, which remained until the enactment of the statute of 22 and 23 of Car. 2nd, after that statute all estates were charged with distribution except estates acquired by the husband as administrator of his wife, which were expressly exempted.
Read the full summary
APPEAL from Howard Circuit Court. 1st. By the common law the personal estate of all intestates vested in the administrator without any charge of distribution, which remained until the enactment of the statute of 22 and 23 of Car. 2nd, after that statute all estates were charged with distribution except estates acquired by the husband as administrator of his wife, which were expressly exempted. Hence by the co'mmon law, as well as under the statute of Car. 2nd, the husband is entitled to administer, and not being required to distribute, obtains and takes his wife’s estate as her administrator;…
1Opinion of the CourtScott, J.
This was a proceeding commenced in the County Court of Howard •County hy Maupin the appellee, to obtain from J. J.. Leakey, administrator of Jeremiah Leakey, deceased, a distributive share in right of his wife of the estate of the said Jeremiah Leakey. In 1841, Maupin married S. Leakey, a daughter of the said Jeremiah, who died'intestate in March, 1842. In October, 1842, Sarah Leakey, the wife of Maupin the appellee, departed this life without issue, leaving heirs preferred to her husband as distributee under our statute of descents and distributions. No distribution of the estate of her…
2Cases cited1 opinion
- Jones' Administrator v. Warren's AdministratorCourt of Appeals of Kentucky · 1836
3Cited by11 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Hart v. LeeteSupreme Court of Missouri · 1891
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Green v. TittmanSupreme Court of Missouri · 1894
- Coughlin v. RyanSupreme Court of Missouri · 1868
6 more not listed; retrieve them via the Exa API.