RoBards v. Lamb
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas,— Hon. Theodore Brace, Judge. (1) The grant of administration pendente lite is in the nature of a decree in rem. Freeman on Judgments, [1 Ed.] p. 507, sec. 608. And, therefore, the judgment of final settlement of such administration is in the nature of a decree in rem.
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Appeal from Hannibal Court of Common Pleas,— Hon. Theodore Brace, Judge. (1) The grant of administration pendente lite is in the nature of a decree in rem. Freeman on Judgments, [1 Ed.] p. 507, sec. 608. And, therefore, the judgment of final settlement of such administration is in the nature of a decree in rem. Fénix v. Fénix, 80 Mo. 27; Forth v. Priest, 81 Mo. 561; Grignon v. Astor, 2 How. [U. S.] 319. And, therefore, notice to the world is essential to jurisdiction over the subject matter. Caldwell v. Lock-ridge, 9 Mo. 362 ; Brashears v. Hicklin, 54 Mo. 102 ;. Brown v. Weatherby, 71 Mo.…
1Opinion of the CourtBlack, J.
is an appeal from a judgment of the Hannibal court of common pleas sustaining a demurrer to the petition. The' suit is in equity and the petition discloses the following facts : In 1872 John B. Helm died at Hannibal, Missouri, leaving a will and eight codicils. In one of the codicils John L. RoBards *309and Joseph J. Johnson were appointed executors. The will was admitted to probate, but the codicils were rejected by the probate court; the widow of the testator was appointed administratrix with the will annexed. Certain of the devisees and legatees instituted a suit to contest the will as…
2Cases cited3 opinions
- Lamb v. HelmSupreme Court of Missouri · 1874
- RoBards v. LambSupreme Court of Missouri · 1882
- Hawkins v. CunninghamSupreme Court of Missouri · 1878
3Cited by9 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Lamar Manufacturing Co. v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- Ryans v. HospesSupreme Court of Missouri · 1902
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