Skelly v. Veerkamp
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. The case is stated in the opinion. I. The affidavit or complaint of respondent does not comply with the requirements of the statute in such case made and provided, in form and language, or in substance. The affidavit or complaint of respondent does not contain any charge for removing an administrator known to the law or to the statutes of this state.
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Appeal from Audrain Circuit Court, Hon. E. M. Hughes, Judge. The case is stated in the opinion. I. The affidavit or complaint of respondent does not comply with the requirements of the statute in such case made and provided, in form and language, or in substance. The affidavit or complaint of respondent does not contain any charge for removing an administrator known to the law or to the statutes of this state. Rev. Stat. 1879, sec. 27. The complaint or affidavit should be drawn in the exact words of the statute and proven before an administrator can be removed. It should conform to the…
1Opinion of the CourtEllison, J.
The following is that portion of the complaint necessary to notice, which was filed in the probate court, and upon which this proceeding- was based : “Now, this day, comes Elizabeth Skelly, widow of the late P. C. Skelly, and files this, her motion, and says, that said P. C. Skelly died on the twenty-fourth day of June, 1886, leaving his wife, said Elizabeth Skelly, who was and is first entitled to administer on the estate of said P. C. Skelly, deceased, before any other person or persons; that within thirty days after the death of said P. C. Skelly, said Elizabeth Skelly, as the widow of…
2Cases cited5 opinions
- Downing v. StillSupreme Court of Missouri · 1869
- Harbor v. Pacific RailroadSupreme Court of Missouri · 1862
- Smith v. BestSupreme Court of Missouri · 1868
- Newman v. LawlessSupreme Court of Missouri · 1840
- Rankin v. LawtonMissouri Court of Appeals · 1885
3Cited by3 opinions
- State ex rel. Adamson v. CollierMissouri Court of Appeals · 1895
- Lyon v. LyonMissouri Court of Appeals · 1929
- State Ex Rel. Pryor v. AndersonSupreme Court of Missouri · 1938