In re Duty's Estate
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. On the 22d day of June, A. D. 1850, letters of administration were granted to Thomas Harney upon the estate of Milton Duty. On the 5th of March, 1856, the probate court revoked the letters for the reason that a will was produced and admitted to probate. Harney appealed from the judgment of the court revoking hi&letters.
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Appeal from Si. Louis Circuit Court. On the 22d day of June, A. D. 1850, letters of administration were granted to Thomas Harney upon the estate of Milton Duty. On the 5th of March, 1856, the probate court revoked the letters for the reason that a will was produced and admitted to probate. Harney appealed from the judgment of the court revoking hi&letters. The circuit court, on appeal, rendered its judgment revoking said letters, and from that judgment Harney has appealed to this court. The will provided for the manumission of certain slaves, who, by their counsel, appeared and contended for…
1Opinion of the CourtRichardson, Judge
The administration act of 1845 provides that if, after letters of administration are granted, a will of the deceased be found and probate thereof granted, the letters shall be revoked and letters testamentary, &c., shall be granted; and though the same statute gives the right of appeal from the county to *45tlie circuit court on orders revoking letters testamentary or of administration, the jurisdiction which the circuit court acquires on the appeal does not draw to itself the right to inquire into the character or sufficiency of the proof on which the county court acted in granting probate of…
2Cited by6 opinions
- State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
- Watson v. AldersonSupreme Court of Missouri · 1898
- McVey v. McVeySupreme Court of Missouri · 1873
- Estate of Greening v. GreeningMissouri Court of Appeals · 1936
- Kenrick v. ColeSupreme Court of Missouri · 1870
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