Hanley v. Holton
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — No». Robert M. Foster, Judge. (1) From the judgment of the probate court overruling the motion of the plaintiff, the administrator pendente Ute, to require the defendant, the executrix, to file her account with the court, and turn over the assets of the estate to the administrator pendente Ute, the right of appeal to1 the circuit court is conferred.
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Appeal from St. Louis Circuit Court. — No». Robert M. Foster, Judge. (1) From the judgment of the probate court overruling the motion of the plaintiff, the administrator pendente Ute, to require the defendant, the executrix, to file her account with the court, and turn over the assets of the estate to the administrator pendente Ute, the right of appeal to1 the circuit court is conferred. R. S. 1899, sec. 278; R. S. 1S99, sec. 1674; McCrary v. Menteer, 58 Mo. 446; McGfee v. Thompson’s Admr., 39 Mo. 514; Donaldson v. Lewis, 7 Mo. App. 403. (2) Therefore, the dismissal of the appeal of the…
1Opinion of the CourtNortoni, J.
(after stating the facts.)
1. Notwithstanding the recital in the bill of exceptions to the effect that the circuit court heard the whole case and “announced that it would consider the whole matter” in disposing of the motion to dismiss the appeal, appellant insists that the motion to dismiss said appeal only was adjudicated by said court, as appears by its judgment, which recites that said appeal was dismissed, etc. It is urged that the case was a proper subject of appeal from the probate to the circuit court and we are persuaded that this proposition is true. Section 278, R. S. 1899,…
2Cases cited3 opinions
- Donaldson v. LewisMissouri Court of Appeals · 1879
- McCrary v. MenteerSupreme Court of Missouri · 1874
- McGee v. RobertsSupreme Court of Missouri · 1867
3Cited by5 opinions
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- In Re DuganMissouri Court of Appeals · 1957
- E. R. Hawkins & Co. v. QuinetteMissouri Court of Appeals · 1911
- In re Estate of RooneyMissouri Court of Appeals · 1912
- Missouri Pacific Railroad v. DavisMissouri Court of Appeals · 1957