Morton v. Hatch
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. I. The existence in a sister State of a foreign administration, its final settlement and the discharge and release of plaintiff in error as foreign executor, were facts sufficient to authorize her as sole devisee and legatee under the will to institute in Missouri an action to recover a debt due to tbe testator, whereof under his will she was sole and absolute owner. (Sto. Confl.
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Error to Hannibal Court of Common Pleas. I. The existence in a sister State of a foreign administration, its final settlement and the discharge and release of plaintiff in error as foreign executor, were facts sufficient to authorize her as sole devisee and legatee under the will to institute in Missouri an action to recover a debt due to tbe testator, whereof under his will she was sole and absolute owner. (Sto. Confl. Laws, 888, § 516 n. [3 Ed. 1816] ; Trecothiek vs. Aus. tin, 1 Mason [0. 0.], 16 ; Petersen vs.Chemical Bank, 32 N. Y. 21; Harper vs. Butler, 2 Pet. 210 ; Cow. & Hills, Notes…
1Opinion of the CourtVories, Judge
This was an action in the nature of an action for money had and received. The petition is as follows :
“Plaintiff for an amended petition herein says, that during the year 1860 David T. Morton was the executor of the last, will and testament of Mary B. Darr, dec’d, and duly qualified and acting as such in the county of Marion; that on the ninth day of July in said year, defendant was the attorney of said David T. Morton, executor as aforesaid, and that on said day, said David T. Morton as elient.of.said defendant as afore-' said, deposited in the hands of defendant, as his attorney as…
2Cases cited1 opinion
- McCarty v. HallSupreme Court of Missouri · 1850
3Cited by8 opinions
- Becraft v. LewisMissouri Court of Appeals · 1890
- Gregory v. McCormickSupreme Court of Missouri · 1894
- May v. BurkSupreme Court of Missouri · 1883
- Pinet v. PinetMissouri Court of Appeals · 1945
- Goebel v. FosterMissouri Court of Appeals · 1880
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