Cruce v. Cruce
Supreme Court of Missouri
Appeal from Henry Circuit Court.—Hon. E. P. Wright, Judge. The executor should be charged with compound interest, because, by the will, he was appointed testamentary guardian of Agnes and Julius, which appointment he accepted, and continued to act in that capacity until they arrived at their majority. Hinckley’s Testamentary Law, § 385, and cases cited; Reeves’ Horn.
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Appeal from Henry Circuit Court.—Hon. E. P. Wright, Judge. The executor should be charged with compound interest, because, by the will, he was appointed testamentary guardian of Agnes and Julius, which appointment he accepted, and continued to act in that capacity until they arrived at their majority. Hinckley’s Testamentary Law, § 385, and cases cited; Reeves’ Horn. Rel., 467, note; White v. Parker, 8 Barb. 48. By Revised Statutes, section 2564, guardians by will are in all things upon the same footing as guardians appointed by the court or chosen by the minor, except the latter shall have…
1Opinion of the Court
Martin, C.
This suit originated in the probate court of Ilenry county and commenced with certain exceptions taken by an executor to a final settlement adjuged against him by that court, which made him a debtor in the sum of $10,940.12. On appeal to the circuit court, the balance against him was reduced to $5,291.73, from which action of the court the heirs have appealed.
It appears from the evidence that Columbus E. Cruce died testate in December, 1860, designating in his will J. M. Cruce, his brother, as executor of his estate. The testator left two children of tender years, who have since…
2Cases cited20 opinions
- Barney Ex Rel. Woodhull v. SaundersSupreme Court of the United States · 1854
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Bond v. LockwoodIllinois Supreme Court · 1864
- Ackerman v. EmottNew York Supreme Court · 1848
- Schieffelin v. StewartNew York Court of Chancery · 1815
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3Cited by31 opinions
- Title Ins. and Trust Co. v. IngersollCalifornia Supreme Court · 1910
- Roach's EstateOregon Supreme Court · 1907
- Wheeler v. BoltonCalifornia Supreme Court · 1891
- In re LuxCalifornia Supreme Court · 1893
- Perrin v. LepperMichigan Supreme Court · 1888
26 more not listed; retrieve them via the Exa API.