Lamb v. Helm
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. I. The powers of administrators pendente lite are simply those of a collector of the estate, while no authorized person to do so is existing. (Ellis vs. Deane, Beatty, pp. 5-12; Walker vs. Woollaston, 2 P. Wm’s, 589; Wills vs. Rich, 2 Atkyn’s, 284, 5 ; 1 Wil. Ex’rs., 311-13.) II. Such administrator will not be.appointed where there is a general administrator appointed and qualified to act.
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Error to Hannibal Court of Common Pleas. I. The powers of administrators pendente lite are simply those of a collector of the estate, while no authorized person to do so is existing. (Ellis vs. Deane, Beatty, pp. 5-12; Walker vs. Woollaston, 2 P. Wm’s, 589; Wills vs. Rich, 2 Atkyn’s, 284, 5 ; 1 Wil. Ex’rs., 311-13.) II. Such administrator will not be.appointed where there is a general administrator appointed and qualified to act. (Searls vs. Scott, 6 S. & M., 246-50; Boyd vs. Swing, Adm., 38 Miss., 182-196; Mortimer vs. Pauli, 39 Law J., 47, Pro. Matters ; Dayt. Surr., 234.) III. Nor can he…
1Opinion of the CourtVories, Judge
On the 10th day of June, 1872,' an instrument was presented, purporting to be the last will and testament of John B. Helm, then deceased, in the Hannibal Probate Court, to be proved and probate thereon granted.
The instrument consisted of an original instrument executed in the year 1867, and eight supplemental instruments or codicils, executed at different times within the two years next preceding the death of Helm.
The codicils materially modified and changed the disposition of the property as made by the original will. The Probate Court admitted to probate the original instrument as the last…
2Cases cited6 opinions
- Benoist v. MurrinSupreme Court of Missouri · 1871
- Tingley v. CowgillSupreme Court of Missouri · 1871
- Stagg v. GreenSupreme Court of Missouri · 1871
- Williams v. RobinsonSupreme Court of Vermont · 1870
- In re the Estate of FisherWisconsin Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- McFadin v. CatronSupreme Court of Missouri · 1894
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Sawyer v. WhiteCourt of Appeals for the Eighth Circuit · 1903
- In Re Estate of WeinsaftMissouri Court of Appeals · 1983
16 more not listed; retrieve them via the Exa API.