Legal Opinion

State ex rel. Mills v. Mast

Missouri Court of Appeals

Decided February 2, 1904PublishedCited by 2 opinions

Appeal from Butler Circuit Court — Row. J. L. Fort, Judge. (1) When public administrator has been appointed to take charge of an estate, he shall continue the administration until finally settled, unless he resigns, dies, is removed for cause, or is discharged in the ordinary course of the law, as the public administrator. R. ¡3. 1899, sec. 294; State ex rel. v. Kennedy, 73 Mo.

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Appeal from Butler Circuit Court — Row. J. L. Fort, Judge. (1) When public administrator has been appointed to take charge of an estate, he shall continue the administration until finally settled, unless he resigns, dies, is removed for cause, or is discharged in the ordinary course of the law, as the public administrator. R. ¡3. 1899, sec. 294; State ex rel. v. Kennedy, 73 Mo. App. 184. (2) A public administrator can only be removed from office in the manner and for the same causes that a justice of the county court may be removed. R. S. 1899, sec. 291. (3) The probate court, for good cause…

1Opinion of the CourtReyburn, J.

(after stating the facts as above).— Until the amendment of sections of chapter 15, R. S. 1879 by the thirty-third general assembly (Laws of Missouri, 1885, p. 27), the duties and powers of a public administrator extended no farther than taking charge of and administering upon the estate of persons deceased, under the conditions therein classified; by the above act the authority of such officials was first broadened so as to make them public guardians and curators as well as administrators, and imposing on them the further duties of taking charge of the persons of minors under the age of…

2Cases cited1 opinion

  1. Tittman v. EdwardsMissouri Court of Appeals · 1887

3Cited by2 opinions

  1. Thelma L. Selvidge v. United StatesCourt of Appeals for the Tenth Circuit · 1961
  2. Knapp v. HanleyMissouri Court of Appeals · 1907

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