Wilson v. Gregory
Supreme Court of Missouri
Error to Osage County Circuit Court. Tbe period of limitation against demands can only avail the administrator when he has given the notice in the manner and with the time prescribed by law. (Wagn.
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Error to Osage County Circuit Court. Tbe period of limitation against demands can only avail the administrator when he has given the notice in the manner and with the time prescribed by law. (Wagn. Stat., 86, §19; Bryan vs. Mundy, Adm’r, 1Y Mo., 556; Wiggins vs. Green, Adm’r, 9 Mo., 264; 13 Mo., 125; Emmerson vs. Thompson, 16 Mass., 434; McLinn vs. McNamari, 2 Dev. & Bat., 85; Pendelton vs. Phelps, 4 Day., 4Y6.) I. The notice states the facts of the granting of letters, their date, and to whom granted, and requires parties to procure allowance of their demands. This is sufficient. (Merchants’…
1Opinion of the CourtWagner, Judge
The record shows that, the plaintiff presented an account for allowance against the estate of C. H. Gregory, deceased, at the May term, 18Y3, of the Osage county court. Due notice of the presentation of the account was regularly served on the administrator, and the county court allowed and classified the same. The administrator appealed the case to the circuit court, where it was tried by the court sitting as a jury, and upon a hearing thereof, the administrator objected to the introduction of any testimony by the plaintiff, and assigned as a reason for his objection, that the account was not…
2Cited by7 opinions
- Hatfield v. McCluneySupreme Court of Missouri · 1995
- In Re Baeza's EstateNew Mexico Supreme Court · 1937
- Munday v. LeeperSupreme Court of Missouri · 1894
- Smith v. MaynardSupreme Court of Missouri · 1960
- State Ex Rel. Lankford, Bank Com'r v. SolissSupreme Court of Oklahoma · 1915
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