McCracken v. McCaslin
Missouri Court of Appeals
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is a penalty prescribed by law for any person to open or examine the papers, or to interfere in any manner with the property of the deceased, except the administrator in the presence of witnesses.
Read the full summary
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) There is a penalty prescribed by law for any person to open or examine the papers, or to interfere in any manner with the property of the deceased, except the administrator in the presence of witnesses. R. S. 1889, sec. 73. (2) A penalty implies prohibition and makes the acts of the heirs of Robert H. McCracken, deceased, in their attempt to distribute the property without the intervention of an administrator, void, and those who took it acquired no right of title thereto. Downing v. Ringer, 7 Mo. 585; State ex rel. v.…
1Opinion of the CourtEllison, J.
— For all practical purposes this case may be stated in this way: Robert H. McCracken died intestate, leaving plaintiffs and one other as his heirs, and leaving no debts. The heirs were all of age, and at a meeting they made distribution among themselves of all the property. Afterwards, at the instance of one of the heirs, the probate court, after giving notice to those first entitled to administer, upon their refusal, ordered the public administrator to take charge of the estate. A motion was made by these plaintiffs in the probate court to set aside this order, for the reason that…
2Cases cited13 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Amis v. CameronSupreme Court of Georgia · 1875
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Foote v. FooteMichigan Supreme Court · 1886
- Becraft v. LewisMissouri Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richardson v. ColeSupreme Court of Missouri · 1901
- Odom v. LangstonSupreme Court of Missouri · 1943
- Granger v. HarrimanSupreme Court of Minnesota · 1903
- In Re Vasgaard's EstateSouth Dakota Supreme Court · 1934
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
13 more not listed; retrieve them via the Exa API.