State ex rel. Fleming v. Shackelford
Supreme Court of Missouri
Mandamus. (1) Mandamus is tlie only available remedy, (a) There is no statutory authority for an appeal. A refusal to make an order of distribution is not “a final order or judgment of the probate court” from which an appeal may be taken. Sec. 463, R. S. 1909, assimilates appeals in cases of administration of the estates of minors and the estates of deceased persons.
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Mandamus. (1) Mandamus is tlie only available remedy, (a) There is no statutory authority for an appeal. A refusal to make an order of distribution is not “a final order or judgment of the probate court” from which an appeal may be taken. Sec. 463, R. S. 1909, assimilates appeals in cases of administration of the estates of minors and the estates of deceased persons. And the section controlling appeals in the administration of decedents’ estates (Sec. 289, R. S. 1909) gives no right of appeal in cases analogous to the one at bar. State v. Fowler, 108 Mo. 465; State ex rel. v. Guinotte, 113…
1Opinion of the CourtGraves, J.
Original action in mandamus. The facts are few and simple, as we gather them from the record before us. The Trust Company of St. Louis County, a “corporation, was and is curator of the estate of Alfred W.- Fleming, in the probate court of St. Louis county. In September, 1913, the said Fleming attained his majority. At the November term of said probate court following the date at which Fleming reached his majority said Trust Company filed its statement of accounts for final settlement, by which it was shown that the Trust Company was indebted to its ward in a sum exceeding $107,000. Later a…
2Cases cited3 opinions
- Winkler v. LietmanSupreme Court of Missouri · 1899
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- Estate of Jarboe v. JarboeSupreme Court of Missouri · 1910
3Cited by12 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- State Ex Rel. Goodloe v. WurdemanSupreme Court of Missouri · 1920
- State Ex Rel. General Motors Acceptance Corp. v. BrownSupreme Court of Missouri · 1932
- State Ex Rel. Wabash Railway Co. v. ShainSupreme Court of Missouri · 1937
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