In re Estate of Haffey
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Wickham, J. The debt of an administrator, due an estate, is not to be treated as so much money, but is to be placed on the same footing with debts due the estate from other sources. — McCarty v. Frazer, 62 Mo. 263; Piper’s Estate, 15 Pa.
Read the full summary
Appeal from the St. Louis Circuit Court, Wickham, J. The debt of an administrator, due an estate, is not to be treated as so much money, but is to be placed on the same footing with debts due the estate from other sources. — McCarty v. Frazer, 62 Mo. 263; Piper’s Estate, 15 Pa. St. 536 ; Scott <& Rule v. Governor, 1 Mo. 493. An administrator, in order to be entitled to credit for a debt due by him to his intestate at the time of his death, on the ground of insolvency, must show, not only that he was insolvent at the time of the taking out letters of administration, but that he has continued…
1Opinion of the CourtBakewell, J.
John M. Jordan was appointed administrator of William E. Haifey, deceased, in July, 1873. He made his final settlement in March, 1878, showing $413.13 due the estate. The Probate Court sustained exceptions to this settlement, and found the administrator in debt to the estate, $1,884. An appeal was taken to the Circuit Court by the administrator, and the cause was there referred to a referee, upon whose report the court rendered judgment against the administrator for $1,952.10, from which he appeals.
The administrator, claiming that he had been insolvent ever since his appointment, credited…
2Cited by1 opinion
- In re the Estate of BrancoHawaii Supreme Court · 1923