State ex rel. Peppler v. Scholl
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The court erred in admitting in evidence the sale of the personal property and the assignment of the lease by M. Peppier, as administratrix, because said sale was void — it not being authorized by the Probate Court — and the administratrix had no power to sell at private sale without authority from the court. The petition by her to the Probate Court for leave to sell was not granted, as appears of record. (Wagn.
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Appeal from St. Louis Circuit Court. The court erred in admitting in evidence the sale of the personal property and the assignment of the lease by M. Peppier, as administratrix, because said sale was void — it not being authorized by the Probate Court — and the administratrix had no power to sell at private sale without authority from the court. The petition by her to the Probate Court for leave to sell was not granted, as appears of record. (Wagn. Stat. 88, § 88 ; id. 89, §45.) Having made the sale and received the proceeds, the administratrix could not question the sale.
1Opinion of the CourtCurrier, Judge
Minna Peppier administered upon the estate of Caspar Peppier, and this suit is brought against the defendants as sureties upon her administration bond. The breach of the bond complained of consists in an alleged failure of the administratrix to account for and pay over the assets of the estate according to law.
It appears that the administratrix, after her appointment, returned into court an inventory of certain personal effects; that in June, 1866, she petitioned the court for leave to sell at private sale a certain leasehold belonging to the estate, together with a saloon and fixtures…
2Cited by8 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Dix v. MorrisSupreme Court of Missouri · 1877
- Francisco v. WingfieldSupreme Court of Missouri · 1901
- Lewis v. CarsonSupreme Court of Missouri · 1887
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915
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