Coil v. Pitman's Administrator
Supreme Court of Missouri
Error ¿o Sixth District Court. I. The County Court bad jurisdiction of tbe subject-matter of the petition. (Jones’ Appeal, 3 Grant’s Cas. 169; Dubois v. Sands, 43 Barb. 412 ; Seaman v. Duryea, 10 Barb. 523 ; Cleveland v. White, 31 Barb. 546.) II. In the case now before the court, the defendant in error was not the person named or 'appointed by the testator to discharge the trust. He was not even the executor named in the will.
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Error ¿o Sixth District Court. I. The County Court bad jurisdiction of tbe subject-matter of the petition. (Jones’ Appeal, 3 Grant’s Cas. 169; Dubois v. Sands, 43 Barb. 412 ; Seaman v. Duryea, 10 Barb. 523 ; Cleveland v. White, 31 Barb. 546.) II. In the case now before the court, the defendant in error was not the person named or 'appointed by the testator to discharge the trust. He was not even the executor named in the will. He was appointed to discharge the trust solely by “ operation of law: ” first, in his appointment and qualification as administrator cum testamento annexo, with which…
1Opinion of the CourtWag-NER, Judge
Pitman died in Warren county, Missouri, in 1862, leaving a last will, which was admitted to probate in that county. The will provided that, after the death of the testator’s widow, the executor should sell the real estate and divide the proceeds among his children. The executor named in the will neglected to qualify, and Parker, the public administrator, took charge of the estate with the will annexed.
The widow having died in 1865, Parker advertised and sold the land; and the plaintiff in error, Coil, became the purchaser and made part payment, giving his note for the remainder. On the…
2Cases cited1 opinion
- Dubois v. SandsNew York Supreme Court · 1864
3Cited by6 opinions
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Francisco v. WingfieldSupreme Court of Missouri · 1901
- Evans v. BlackistonSupreme Court of Missouri · 1877
- In re Final Settlement of RickenbaughMissouri Court of Appeals · 1890
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
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