Mason v. Estate of Gaither
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — fio». D. Q. Taylor, Judge. (1) The allowance of a demand in the probate court against an estate has all the qualities of a judgment of a court of record, and can not be set aside after the term at which it is granted, except for fraud practiced by the claimant on the court, by reason of which the allowance was secured; and there was no evidence, or even a claim, that any such fraud existed in this case when before the probate…
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Appeal from St. Louis City Circuit Court. — fio». D. Q. Taylor, Judge. (1) The allowance of a demand in the probate court against an estate has all the qualities of a judgment of a court of record, and can not be set aside after the term at which it is granted, except for fraud practiced by the claimant on the court, by reason of which the allowance was secured; and there was no evidence, or even a claim, that any such fraud existed in this case when before the probate court. Munday v. Leeper,-120 Mo. 419; Smith v. Sims, 77 Mo. 269; Moody v. Peyton, 135 Mo. 482. (2) Even if the allowance of…
1Opinion of the CourtReyburn, J.
Mary M. Gaither died testate, letters testamentary were issued to appellant in February, 1900, and notice of the granting of such letters was published within thirty days succeeding, the first publication being March 12th. Pending a contest of the will of the testatrix, the then public administrator was ap*357pointed administrator, and administered the estate until March 6, 1902, when appellant was restored to the ex-ecutorship, the will having been sustained. Before the action assailing the will had terminated, about July 1, 1900, appellant tendered a copy of the demand herein to the…
2Cases cited1 opinion
- Munday v. LeeperSupreme Court of Missouri · 1894
3Cited by1 opinion
- Keele v. KeeleMissouri Court of Appeals · 1906