Chandler v. Dodson
Supreme Court of Missouri
Error to Adair Circuit Court. . The plaintiff, as a trustee having reasonable doubt as to the proper disposition of said funds, has a right for his own safety to apply to a court of equity for directions. (Hayden’s Executors vs. Marmaduke, 19 Mo., 403, and cases cited.) The order of the Probate Court when made had the force and effect of a judgment, and protects the administrator unless reversed or modified by a proper court under proper proceedings.
1Opinion of the CourtEwing, Judge
This was a proceeding in the nature Of a bill of interpleader, instituted by the plaintiff as public administrator, in charge of the estate of Benjamin Murphy, the object of which is to have a decree of the court directing the application of certain funds to which there are conflicting claims. The petition alleges in substance that defendant, Nancy Murphy, was appointed administratrix of the estate of Benjamin Murphy, and that while she was so acting as administratrix, sundry claims which are specifically mentioned, were presented and allowed against said estate; and that while she was so…
2Cases cited1 opinion
- Overton v. McFarlandSupreme Court of Missouri · 1851
3Cited by1 opinion
- Johnson v. KasterMissouri Court of Appeals · 1918