Legal Opinion

Wood v. Donaldson

Missouri Court of Appeals

Decided January 15, 1901PublishedCited by 2 opinions

Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The title to that portion of the distributive share of Sarah Wood, deceased, in the estate of Joseph M. Donaldson, deceased, which had not been paid to her at the time of her death, remained in the administrator of Joseph M. Donaldson’s estate.

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Appeal from Montgomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The title to that portion of the distributive share of Sarah Wood, deceased, in the estate of Joseph M. Donaldson, deceased, which had not been paid to her at the time of her death, remained in the administrator of Joseph M. Donaldson’s estate. A distributee of an estate acquires no title to his or her distributive share, remaining in the hands of the executor or administrator, prior to the completion of the administration. (2) If Sarah Wood did not own in her own name, at the time of her death, that portion of her…

1Opinion of the CourtGoode, J.

This case arose on the filing of exceptions in the probate court of Montgomery county, by the respondent, M. L. Wood, to the final settlement of Wm. D. Donaldson as administrator of the estate of Joseph M. Donaldson, deceased. Wm. D. Donaldson has since died. R. H. Donaldson is the executor of his will, and by agreement of parties entered of record, the cause proceeded under the above title. The finding of the probate court is not shown in the abstracts, but both parties appealed to the circuit court where the exceptions of the respondent were sustained and the appellant took this appeal. The…

2Cases cited9 opinions

  1. Gray v. McDonaldSupreme Court of Missouri · 1891
  2. Cummings v. CummingsSupreme Court of Missouri · 1873
  3. Stagg v. GreenSupreme Court of Missouri · 1871
  4. McCracken v. McCaslinMissouri Court of Appeals · 1892
  5. Leakey v. MaupinSupreme Court of Missouri · 1847

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Crow v. CrowMissouri Court of Appeals · 1907
  2. Van Cleve v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1907

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