Picot v. O'Fallon
Supreme Court of Missouri
Error to St. Louis Circuit Court. The important question presented in this case is as to the effect of the annual settlements made by the executor in the progress of the administration, and which, according to the formal course of accounting in the probate court, became the basis of the final settlement.
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Error to St. Louis Circuit Court. The important question presented in this case is as to the effect of the annual settlements made by the executor in the progress of the administration, and which, according to the formal course of accounting in the probate court, became the basis of the final settlement. On the one hand, it is contended that these annual settlements were conclusive in their character, precluding all inquiry into their justness or propriety and possessing the binding force of judgments. On the other hand, it is insisted that these ex parte settlements are open to examination,…
1Opinion of the CourtBay, Judge
In the early part of 1846, Ann Biddle died in the city of St. Louis, leaving a very large, estate which she disposed of by will. Louis G~. Picot was appointed residuary legatee in trust for the infant children of Mrs. Harney, a sister of the testatrix, and John O’Eallon was made executor.
The executor accepted the appointment and entered upon the discharge of his duties, and made nine annual settlements with the probate court of St. Louis county, and gave the statutory notice that at the September term, 1856, of said court, he would present his accounts for a final settlement, which he did;…
2Cases cited7 opinions
- Caldwell v. LockridgeSupreme Court of Missouri · 1845
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Mitchell v. WilliamsSupreme Court of Missouri · 1858
- State ex rel. Collins v. StephensonSupreme Court of Missouri · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Musick v. BeebeSupreme Court of Kansas · 1876
- State ex rel. Lancaster v. JonesSupreme Court of Missouri · 1886
- In Re Krueger's EstateWashington Supreme Court · 1941
- Myers v. MyersSupreme Court of Missouri · 1889
- Folger v. HeidelSupreme Court of Missouri · 1875
23 more not listed; retrieve them via the Exa API.