Ferguson v. Bell's Administrator
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. The reason assigned by the Probate Court for refusing to make the order, is not a valid one. When any court is vested with power to do a particular thing, it has power to do all things necessary to carry out that jurisdiction. That the contract was not affirmed in writing, is the very reason why the jurisdiction of the court is invoked. It is well settled that the deed of an infant is not void, but only voidable.
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Jlppeal from St. Louis Circuit Court. The reason assigned by the Probate Court for refusing to make the order, is not a valid one. When any court is vested with power to do a particular thing, it has power to do all things necessary to carry out that jurisdiction. That the contract was not affirmed in writing, is the very reason why the jurisdiction of the court is invoked. It is well settled that the deed of an infant is not void, but only voidable. It may be affirmed after arriving at full age by words or acts. Ward v. Steamboat Little Red, 8 Mo. Rep. 358. Youse v. JVorcum, 12 ib. 563. 2…
1Opinion of the Court
Rylahd, Judge,
delivered tbe opinion of tbe court.
This was a proceeding begun in the St. Louis Probate Court by Wm. B. Ferguson and Samuel S. Watson, against James Miller, the administrator of Mary L. Bell, deceased, to obtain an order requiring said administrator to make to them a deed for certain real estate situate in the county of St. Louis. The proceeding is founded on the 36th section, of the 3d article of the law on the subject of administration. R. C. 1845. This section provides that, ‘ ‘ if any testator or intestate shall have entered into any contract in writing for the conveyance of…
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