Emmons v. Gordon
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. . (1) The form of the bond is merely directory and can not be avoided, because the form of the statute has been disregarded. Ricks v. Chouteau, 12 Mo. 342; Rail v. Cushing, 26 Mass. 395. (2) By the will the executor is directed to sell all of his real estate, wherever situated, and pay his debts, etc.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. . (1) The form of the bond is merely directory and can not be avoided, because the form of the statute has been disregarded. Ricks v. Chouteau, 12 Mo. 342; Rail v. Cushing, 26 Mass. 395. (2) By the will the executor is directed to sell all of his real estate, wherever situated, and pay his debts, etc. In selling the Texas land the executor was “executing the will” as executor and he and his bondsmen are undoubtedly liable for the proceeds of the sale. (3) Although the general principle is that the realty descends to the heir, yet…
1Opinion of the CourtBurgess, J.
This proceeding was begun in the probate, court of Audrain county under section 48, Revised Statutes 1889, to compel the defendant Gordon, as executor of the last will and testament of J. J. West, deceased, to account with the plaintiff as administrator de bonis non with the will annexed of said deceased, and for judgment against said G-ordon and his securities and the heirs of William M. Sims one of the sureties now deceased on his bond as such executor. The case went by appeal from the probate to the circuit court of Audrain county.
J. J.- West, deceased, died testate. His will is as…
2Cases cited15 opinions
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- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Doe, Lessee of Lewis & Wife v. Mfarland & OthersSupreme Court of the United States · 1815
- McPike v. McPikeSupreme Court of Missouri · 1892
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- Estate of Thompson v. W. G. Coyle & Co.Supreme Court of Missouri · 1936
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