Silsby v. Wickersham
Missouri Court of Appeals
Appeal from Stone County Circuit Court. — Hon. John T. Moore, Judge. (1) As a general rule, all property which, a deceased person owned at the time of his death is property subject to administration. 18 Cyc. 58. (2) Personal assets are not necessarily restricted to personalty which deceased owned in his lifetime, but embraces, also the proper and just earnings, incomes, accretions and accessions, of and to those assets, even after,the death of decedent. 18 Cyc. 174. (3)…
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Appeal from Stone County Circuit Court. — Hon. John T. Moore, Judge. (1) As a general rule, all property which, a deceased person owned at the time of his death is property subject to administration. 18 Cyc. 58. (2) Personal assets are not necessarily restricted to personalty which deceased owned in his lifetime, but embraces, also the proper and just earnings, incomes, accretions and accessions, of and to those assets, even after,the death of decedent. 18 Cyc. 174. (3) "Wherefore, the goods, wares and merchandise sold by appellant as described in the petition are not assets of the estate of…
1Opinion of the CourtStubgis, J.
Stranded on a demurrer in the trial court the plaintiff brings this case here by appeal. The sole question is whether or not the petition states facts sufficient to constitute a cause of action. As presented here the case is in effect against the estate of James E. Wickersham, deceased. The plaintiff alleges that he is and has been doing business as a wholesale hardware merchant; that said James E. Wicker-sham was engaged in like business at retail under the firm name, and was the sole owner, of the Crane Hardware Company; that he died in 1909, and his widow, Nellie E. Wickersham, was…
2Cases cited10 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Exchange Bank v. TracySupreme Court of Missouri · 1883
- Nichols v. ReyburnMissouri Court of Appeals · 1893
- White v. McFarlandMissouri Court of Appeals · 1910
- Kennedy v. DodsonMissouri Court of Appeals · 1891
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3Cited by10 opinions
- Barnett v. SchumacherSupreme Court of Missouri · 1970
- Stark v. MoffitMissouri Court of Appeals · 1961
- Gilliam v. HopkinsMissouri Court of Appeals · 1971
- State Ex Rel. Gnekow v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1942
- Nye v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1931
5 more not listed; retrieve them via the Exa API.