Johnson v. Brewn
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) During the pendency of a suit contesting a •will by the terms of which an executor has been appointed, said executor’s powers as such' cease and he is not the proper person to petition the probate court for the sale of real estate for the purpose of paying debts of.the decedent, and any action by the probate court on said application, is coram non judice.
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Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) During the pendency of a suit contesting a •will by the terms of which an executor has been appointed, said executor’s powers as such' cease and he is not the proper person to petition the probate court for the sale of real estate for the purpose of paying debts of.the decedent, and any action by the probate court on said application, is coram non judice. Sec. 21, R. S. 1909; Brinckwirth’s Estate v. Troll, 266 Mo. 473; Stark v. Kirchgraber, 186 Mo. 663; Miller v. Staggs,' 266 Mo. 449; State ex rel. Hamilton v. Guinotte, 156…
1Opinion of the Court
WHITE, C.
This is an action to determine title to certain real estate in Jackson County. The plaintiff claims title under an executor’s deed made by the executor of the will of Sarah Talley, deceased. The appellants here are heirs of Sarah Talley. Other heirs of Sarah Talley were made defendants, but did not appear at the trial and have not áppealed.
Sarah Talley died in March, 1895. On March 24, 1895, her will was presented for probate and duly probated by the probate court of Jackson County. The will named N. J. Sechrest as executor. On March 29, 1895> Sechrest duly qualified and by order of…
2Cases cited4 opinions
- Hughes v. BurrissSupreme Court of Missouri · 1885
- Hogan v. HincheySupreme Court of Missouri · 1906
- McIlwrath v. HollanderSupreme Court of Missouri · 1880
- Estate of Brinckwirth v. TrollSupreme Court of Missouri · 1916
3Cited by19 opinions
- Byrne v. ByrneSupreme Court of Missouri · 1921
- State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
- Lucitt v. Estate of TooheySupreme Court of Missouri · 1936
- State Ex Rel. Barlow v. HoltcampSupreme Court of Missouri · 1929
- Smith v. SmithSupreme Court of Missouri · 1931
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