Legal Opinion

Final Settlement of Tyler v. Cartwright

Missouri Court of Appeals

Decided April 1, 1890PublishedCited by 2 opinions

Appeal from the St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1) Barbara A. Tyler bad no quarantine in the bome place under section 2205, Revised Statutes, 1879. Sbe was a devisee under ber husband’s will and a tenant in common with ber ward and the other devisees, and liable for said .rents.

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Appeal from the St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1) Barbara A. Tyler bad no quarantine in the bome place under section 2205, Revised Statutes, 1879. Sbe was a devisee under ber husband’s will and a tenant in common with ber ward and the other devisees, and liable for said .rents. R. S. 1879, secs. 2199, 2200; Wigley v. Beauchamp, 51 Mo. 544, 547; Griffith v. Canning, Ex'r, 54 Mo. 282; Matney v. Qráfiam, 50 Mo. 560; Collins v. Warren, 29 Mo. 236, 240 ; Dougherty v. Barnes, 64 Mo. 159; Qant v. Henley, 64 Mo. 162. (2) The guardian was derelict and grossly neglectful of…

1Opinion of the CourtThompson, J.

This is an appeal from the decision of the circuit court, upon an appeal from the probate court disallowing exceptions to the final settlement of a guardian. The case is presented upon a long agreed statement of facts, which it is not necessary to set out, as the sole question in contest is whether the guardian should haye charged herself with her ward’s proportion of the rents of the so-called “home place” during the period of about ten years, which elapsed between the death of the husband of the guardian and father of the ward, and a decree in partition.

Mrs. Barbara A. Tyler, the guardian,…

2Cases cited26 opinions

  1. Goodenow v. EwerCalifornia Supreme Court · 1860
  2. Israel v. IsraelCourt of Appeals of Maryland · 1869
  3. Cruce v. CruceSupreme Court of Missouri · 1884
  4. Pico v. ColumbetCalifornia Supreme Court · 1859
  5. Woolever v. KnappNew York Supreme Court · 1854

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3Cited by2 opinions

  1. In Re Estate of ZeppenfeldMissouri Court of Appeals · 1979
  2. Estate of Buie v. WhiteMissouri Court of Appeals · 1902

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