Keele v. Keele
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. John M. Barker, Special Judge. (1) Since section 214, Revised Statutes 1899, was amended in .1899 an heir or creditor must show that the allowance sought to he set aside, was improperly obtained.
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Appeal from Montgomery Circuit Court. — Hon. John M. Barker, Special Judge. (1) Since section 214, Revised Statutes 1899, was amended in .1899 an heir or creditor must show that the allowance sought to he set aside, was improperly obtained. There is not a syllable of evidence here that this allowance was improperly obtained but only that the administrator, after investigation, made no defense but did require claimant to prove her demand to the court, as appears by the circuit court records. (2) The personal estate of a decedent must pass through administration before the heirs are entitled to…
1Opinion of the CourtGoode, J.
(after stating the facts). — -The point to be first considered is the effect on Isaac T. Keele’s right to move in the probate court to vacate the allowance in favor of his mother, of what transpired in the. circuit court when he asked permission to contest the demand. The testimony contained in the present record shows Keele made that request, but does not show definitely the form of the request and its refusal; that is, whether an application was filed and an order denying it entered of record, or whether, on the court’s indicating orally that his opinion was adverse to Keele’s request to be…
2Cases cited4 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- McVeigh v. United StatesSupreme Court of the United States · 1871
- Martin v. LaMasterMissouri Court of Appeals · 1895
- Mason v. Estate of GaitherMissouri Court of Appeals · 1904
3Cited by8 opinions
- In Re the Estate of BoevingMissouri Court of Appeals · 1965
- State Ex Rel. Campbell v. KohnMissouri Court of Appeals · 1980
- In Re the Estate of DeGraffMissouri Court of Appeals · 1977
- Hewitt v. DuncanMissouri Court of Appeals · 1930
- State ex rel. Morris v. MontgomeryMissouri Court of Appeals · 1912
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