Rassieur v. Zimmer
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) No formal pleadings are required iii the prosecution before the probate court of demands against the estates of deceased persons; but the requisites for exhibiting, presenting and proving demands are jurisdictional, in the absence of any of which neither the probate nor successive courts obtain jurisdiction over the cause or person. Britian v. Fender, 116 Mo.
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Error to St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) No formal pleadings are required iii the prosecution before the probate court of demands against the estates of deceased persons; but the requisites for exhibiting, presenting and proving demands are jurisdictional, in the absence of any of which neither the probate nor successive courts obtain jurisdiction over the cause or person. Britian v. Fender, 116 Mo. App. 96; R. S. 1899, sec. 200. (2) All demands must be “exhibited to the administrator and presented to the court for allowance, as provided by law,” within two…
1Opinion of the Court
OPINION.
BOND, J.
(after stating the facts as above).—I. Plaintiff in error submits two questions to this court: (1) that the copy of the “notice of demand” filed on April 8, 1907, as and for the demand of defendant in error, is not a statement of facts sufficient to constitute a demand against the estate of which plaintiff' in error is administrator; (2) that the filing of this paper with the clerk of the probate court in vacation and a few days before the lapse of two years from *180tbe grant of letters of administration, not being followed by a presentation for allowance until tbe next term of…
2Cases cited2 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Watkins v. DonnellySupreme Court of Missouri · 1885
3Cited by14 opinions
- State Ex Rel. Dean v. DauesSupreme Court of Missouri · 1929
- Meffert v. LawsonSupreme Court of Missouri · 1926
- Estate of Thomasson v. Boatmen's National BankSupreme Court of Missouri · 1940
- State Ex Rel. Shriners' Hospitals for Crippled Children v. HensleyMissouri Court of Appeals · 1964
- In Re Franz EstateSupreme Court of Missouri · 1952
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