Stagg v. Linnenfelser
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Defendant never was the owner of these notes, and bad no right to transfer them. The addition to her name is mere surplusage. Even if she had qualified as executrix she still would have had no right or power to transfer the notes without proper action of the Probate Conrt. In sneh case the rights of creditors of deceased persons must be regarded.
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Appeal from St. Louis Circuit Court. I. Defendant never was the owner of these notes, and bad no right to transfer them. The addition to her name is mere surplusage. Even if she had qualified as executrix she still would have had no right or power to transfer the notes without proper action of the Probate Conrt. In sneh case the rights of creditors of deceased persons must be regarded. She therefore created no liability by the indorsement, passed no title to Hetterer, and be passed none to respondent, and respondent has no title to the notes and no right of action upon them. Defendant is…
1Opinion of the CourtSherwood, Judge
By the terms of her husband’s will, the defendant became the sole legatee of all his property, both real and personal, including the promissory notes in suit, executed to the testator by Theo. P. Greene. Although the will was duly probated, the defendant never qualified as executrix, in accordance with lier-appointment as such, nor does the petition so allege. It does, however, charge, that, as executrix, she took possession of the assets of the estate, transferred the notes by delivery to herself as sole legatee, thereby becoming absolute owner, and for value indorsed and delivered the same…
2Cases cited5 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Lewis & Bros. v. Harvey & StewartSupreme Court of Missouri · 1853
- Sutherland v. Brush, Crosby & PalmerNew York Court of Chancery · 1823
- Powell v. ThomasSupreme Court of Missouri · 1842
- Dwight v. NewellIllinois Supreme Court · 1854
3Cited by23 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Burke v. AdamsSupreme Court of Missouri · 1883
- Keeney v. McVoySupreme Court of Missouri · 1907
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
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