Estate of Huffman v. Huffman
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Appellant first contends that there is no precedent for such proceeding to discover assets belonging to an estate.
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Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) Appellant first contends that there is no precedent for such proceeding to discover assets belonging to an estate. R. S. 1899, sec. 74. This statute was followed in the probate court as shown by transcript of said court, and the administrator in this case, after respondents has applied to the probate court, and was granted leave to file interrogatories ánd filed the same, came into the probate court and voluntarily filed his answers thereto, under his oath, thus making and joining the issues in this case. R. S. 1899, sec. 77;…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. This proceeding will lie against appellant as administrator for assets wrongfully, withheld by him. Early decisions denying the relief against administrators and confining it to cases of concealment and embezzlement, are not in point, because founded on statutes which have been altered so as to bring within reach of the remedy, executors and administrators, and assets wrongfully withheld, as well as those concealed or embezzled. [See R. S. 1845, p. 75, sec. 9 et seq.; R. S. 1855, p. 130, sec. 7 et seq.; Act March 16,1881.]
2. Appellant contends both the probate…
2Cases cited21 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Dinsmoor v. BresslerIllinois Supreme Court · 1896
- Tygard v. FalorSupreme Court of Missouri · 1901
- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
- Gibson v. CookCourt of Appeals of Maryland · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rossi v. DavisSupreme Court of Missouri · 1939
- Trautmann v. TrautmannSupreme Court of Missouri · 1923
- White v. HuttonMissouri Court of Appeals · 1951
- Davis v. JohnsonSupreme Court of Missouri · 1933
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
19 more not listed; retrieve them via the Exa API.