State ex rel. Watts v. Boon
Supreme Court of Missouri
.Bpypeal from Fourth District Court. I. The act of 1857 was not a naked power to two individuals, disconnected with Watts’ estate, but was to the two administrators of the estate, and simply extends the power already possessed by them under the general law; and the general law of adminis-; trators, which gives the survivor power to do all the acts intrusted to both, was a part of the act of 1857. H. As to the doctrine of descriptio personas, it is utterly inapplicable; the…
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.Bpypeal from Fourth District Court. I. The act of 1857 was not a naked power to two individuals, disconnected with Watts’ estate, but was to the two administrators of the estate, and simply extends the power already possessed by them under the general law; and the general law of adminis-; trators, which gives the survivor power to do all the acts intrusted to both, was a part of the act of 1857. H. As to the doctrine of descriptio personas, it is utterly inapplicable; the principal is substituted for the incident, the principal in this case being the administrators, and the descriptio…
1Opinion of the CourtWagner, Judge
It appears from the record that Evalina Watts was administratrix, and William C. Boon was administrator, of the estate of Benjamin Watts, deceased, in Howard county, in this State, and that as such they gave bond, according to law, providing for their faithful administration. Subsequently an act was passed by the Legislature, approved Fehruary 9, 1857 (Sess. Acts 1857, p, 190), authorizing the said Evalina Watts and William C. Boon to sell all the real estate belonging to the deceased Watts. The act is entitled “ an act for the benefit of the heirs of Benjamin Watts, deceased.” The first…
2Cases cited3 opinions
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Dobyns v. McGovernSupreme Court of Missouri · 1852
- Wood v. Phelps County CourtSupreme Court of Missouri · 1859
3Cited by17 opinions
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Markland Mining & Manufacturing Co. v. KimmelIndiana Supreme Court · 1882
- Gaines v. FenderSupreme Court of Missouri · 1884
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Dilworth v. RiceSupreme Court of Missouri · 1871
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