Wolff v. Schaeffer
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Louis Wolff died leaving a will, by which he devised the residue of his estate, after the payment of specified legacies, to his widow, Dorothea.
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Appeal from St. Louis Court of Appeals. Louis Wolff died leaving a will, by which he devised the residue of his estate, after the payment of specified legacies, to his widow, Dorothea. On the 25th of July, 1872, Christian Staehlin qualified as executor, giving a bond in the sum of $60,000, with Henry B. Berning and others as sureties, and immediately took into his possession assets of the estate to the value of $45,993.89. On the 15th of September, 1873, upon petition of the residuary legatee, the probate court adjudged this bond insufficient, and ordered that a new one be given. The executor…
1Opinion of the CourtSherwood, C. J.
The St. Louis court of appeals took the correct view of the effect of the opinion of this court in the State v. Potter, 63 Mo. 212. There is nothing in this case to indicate that the bond was signed conditionally, or delivered as an escrow.
The liability of the surety in this bond has been incidentally touched upon in the case of the State v. Berning, ante, p. 87. The breach of the first bond given by Staehlin we regard as a continuing breach, commencing with the first bond, and continuing down through the time covered by the second bond; a breach for which the sureties on both bonds may be…
2Cases cited1 opinion
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
3Cited by11 opinions
- Carter v. PriorSupreme Court of Missouri · 1883
- Joy v. EltonNorth Dakota Supreme Court · 1900
- Gay v. MurphySupreme Court of Missouri · 1896
- State v. McGonigleSupreme Court of Missouri · 1890
- Swon v. StevensSupreme Court of Missouri · 1898
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