Wilson ex rel. Grove v. Wilson
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. The action of the Probate Court in revoking the letters of administration, and granting letters testamentary, was a nullity, so far as the granting letters testamentary. It had power to revoke letters of administration, but none to grant letters testamentary without probating the will that stood upon its record as rejected. II.
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Appeal from Adair Circuit Court. I. The action of the Probate Court in revoking the letters of administration, and granting letters testamentary, was a nullity, so far as the granting letters testamentary. It had power to revoke letters of administration, but none to grant letters testamentary without probating the will that stood upon its record as rejected. II. When the widow received her letters from the Circuit Court, she had renounced the provisions of the will made for her benefit, rejected its provisions, and elected to be endowed under § 11 (W. S., 540). She must accept the will as…
1Opinion of the CourtNapton, Judge
This was an action of ejectment. The plaintiffs gave in evidence the will of their grandfather, which authorized his widow to sell the real estate in controversy; and this will was ordered to be filed for record, and a certificate to be granted. This was in Eeb’y, 1867.
On the same day a motion was made by the widow of the testator and his son, now defendant, for a new hearing, and it was granted, and the order establishing the will was set aside. Subsequently at the same term the will was rejected, and an order was made that a certificate of rejection be entered. At the same term Mary Ann…
2Cited by15 opinions
- Griffin v. WorkmanSupreme Court of Florida · 1954
- Northrop v. MarquamOregon Supreme Court · 1888
- Barnard v. KeathleySupreme Court of Missouri · 1910
- Ogle v. GordonSupreme Court of Alabama · 1997
- Emmons v. GordonSupreme Court of Missouri · 1897
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