Grant v. Hathaway
Supreme Court of Missouri
Appeal from Callaway Circuit Court . — Eon. A. H. Wallert Judge. (1) The will of D. S. W. Hathaway did not specifically devise his land and at his death the title to his land vested in his heirs or legatees and not in the administrator. The authority to sell the land of decedent is given by the statute, section 146, and this power cannot be exercised by the administrator without an order of sale by the probate court.
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Appeal from Callaway Circuit Court . — Eon. A. H. Wallert Judge. (1) The will of D. S. W. Hathaway did not specifically devise his land and at his death the title to his land vested in his heirs or legatees and not in the administrator. The authority to sell the land of decedent is given by the statute, section 146, and this power cannot be exercised by the administrator without an order of sale by the probate court. In order that the administrator may sell land to pay debts and legacies the statutes nowhere requires or authorizes the administrator to take possession of the lands. The order…
1Opinion of the CourtBurgess, J.
This is an action in ejectment for ferty acres of land in Callaway county, Missouri. In ¡January, 1903, David S. W. Hathaway, deceased, of Davis county, Iowa, bargained to purchase two adjoining farms in Callaway county, Missouri, one consisting of 120' acres, and known as the Tyler farm, and the other 160! acres, owned by one Robert L. Smith. For the latter tract Hathaway agreed to pay $5,000. Smith executed a deed, conveying this 160' acres to D. S. W. Hathaway, and left it in the hands of real estate agents at Fulton for delivery to Hathaway. On March 9, 1903, Hathaway, accompanied by his…
2Cases cited6 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Thorp v. MillerSupreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Love v. WhiteSupreme Court of Missouri · 1941
- Estate of Dildine v. DeHartSupreme Court of Missouri · 1922
- Boatmen's National Bank v. BollesSupreme Court of Missouri · 1947
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Opinion No. 128-76 (1976), Missouri Attorney General Reports1976