State ex rel. Brouse v. Burnes
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Son. Ghesley A. Mosmcm, Judge. (1) The first sentence in the decree of the court recites the filing, examination and recording of the published notice of the administrator of his intention to file his final settlement at the next term of the probate court. This notice was under section 282, Revised Statutes 1899. (2) This statute is not particular to any one, but general to all.
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Appeal from Buchanan Circuit Court. — Son. Ghesley A. Mosmcm, Judge. (1) The first sentence in the decree of the court recites the filing, examination and recording of the published notice of the administrator of his intention to file his final settlement at the next term of the probate court. This notice was under section 282, Revised Statutes 1899. (2) This statute is not particular to any one, but general to all. The notice is to all creditors and others interested in the estate. It is sufficient, if notice be given in the mode pointed out by the statute. Woerner’s Adm. Law, p. 1230; North…
1Opinion of the CourtBroaddus, P. J.
This is a suit on the official bond of Thomas R. Smith as public administrator of Buchanan county, for an alleged breach thereof. One of his sureties, Samuel H. Smith, and Fannie and Marjorie Burnes are the sole heirs of Calvin C. Burnes, another surety, and the representatives and heirs of Calvin F. Burnes, were made defendants.
The facts were, that defendant Thomas R. Smith had under an order from the probate court taken charge of the estate of Joab Schultz, deceased, and duly administered the same, and that he had in his hands, on the 15th day of May, 1895, after payment of all debts and…
2Cases cited5 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Bartlett v. TinsleySupreme Court of Missouri · 1903
- Frame v. HumphreysSupreme Court of Missouri · 1901
- Baker v. LumpeeMissouri Court of Appeals · 1902
3Cited by6 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Chitty v. GillettSupreme Court of Oklahoma · 1915
- Hagan v. LantrySupreme Court of Missouri · 1935
- Leavenworth Savings & Trust Co. v. NewmanCourt of Appeals for the Eighth Circuit · 1927
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