State ex rel. Betts v. Purdy
Supreme Court of Missouri
Appeal from Audrcdn Circuit Court. — IIon. Gilchrist Porter, Judge, 1. The fact that Purdy called himself executor occasionally, is of no moment, as he never qualified; it is no more than if he had been and called himself a justice of the peace, in connection with public administrator, only it is more easily explainable, being named executor in the will, and, in fact, if administering as public administrator, as charged, he was bound to execute the will, and, so far, was…
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Appeal from Audrcdn Circuit Court. — IIon. Gilchrist Porter, Judge, 1. The fact that Purdy called himself executor occasionally, is of no moment, as he never qualified; it is no more than if he had been and called himself a justice of the peace, in connection with public administrator, only it is more easily explainable, being named executor in the will, and, in fact, if administering as public administrator, as charged, he was bound to execute the will, and, so far, was executor in fact. 2. The filing of notice of taking charge of an estate is not indispensable to the validity of the…
1Opinion of the CourtNapton, J.
This action is against Purdy, public administrator of Audrain county, and his securities, upon an order of the probate court to pay over a legacy in the will of Francis Carbine. The testator died in Audrain county in 1866, where he had lived for eight or ten years. Tie was an unmarried man, without relatives in this State, and resided in the house of a friend until his death. His personal estate consisted of but a few dollars in money, a small library and his clothing — altogether estimated at less than two hundred dollars. He had, however, a considera*93ble real estate, and, of his will…
2Cases cited3 opinions
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Mississippi County v. JacksonSupreme Court of Missouri · 1872
- State ex rel. Peppler v. SchollSupreme Court of Missouri · 1870
3Cited by4 opinions
- Lewis v. CarsonSupreme Court of Missouri · 1887
- Seibert v. HardenSupreme Court of Missouri · 1928
- Rollins v. ShanerSupreme Court of Missouri · 1927
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915