Estate of Elliott v. Wilson
Missouri Court of Appeals
Eeeoe to Cooper Circuit Court, Hon. E. L. Edwaeds, Judge. Order of transfer to Supreme Court. Statement of case by the court. This was a proceeding instituted in the probate court of Cooper county, for distribution of the surplus personal estate in the hands of the petitioner, as administrator of the estate óf Henry Elliott, deceased. It was based on that provision of the statute authorizing a distribution, after one year from grant of letters.
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Eeeoe to Cooper Circuit Court, Hon. E. L. Edwaeds, Judge. Order of transfer to Supreme Court. Statement of case by the court. This was a proceeding instituted in the probate court of Cooper county, for distribution of the surplus personal estate in the hands of the petitioner, as administrator of the estate óf Henry Elliott, deceased. It was based on that provision of the statute authorizing a distribution, after one year from grant of letters. The petition alleged that there was a certain amount of money in the hands of the administrator, after payment of all debts, etc., subject to…
1Opinion of the CourtPhilips, P. J.
The single question for determination on this record is, had the probate court jurisdiction, or power, to take into the accounting between the distributees the value of advancements made them by the intestate, in realty, during his lifetime.
The contention of plaintiffs in error is, that the probate court has nothing to do with the realty of the deceased disposed of by him in his .lifetime, and that its jurisdiction is confined to administering the personal estate existing at the time of the. intestate’s death; and that no power has been conferred upon the court to take an accounting, in the…
2Cases cited12 opinions
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. KelmSupreme Court of Missouri · 1883
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- In re Jefferson County v. CowanSupreme Court of Missouri · 1873
- Smith v. DennySupreme Court of Missouri · 1865
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3Cited by3 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- In re Estate of ElliottSupreme Court of Missouri · 1889
- In re FordMissouri Court of Appeals · 1911