State ex rel. Blanton's Adm'r v. Hunter
Supreme Court of Missouri
Error to Andrew Circuit Court. The court below erred in sustaining the demurrer in this case and rendering judgment in favor of defendants.
Read the full summary
Error to Andrew Circuit Court. The court below erred in sustaining the demurrer in this case and rendering judgment in favor of defendants. Our statute having made it the duty of an administrator, upon the revocation of his letters of administration, to deliver over to his successor all of the goods and chattels, rights of action and effects to his successor in office, a failure to do so is a breach of his bond, for which breach the statute expressly gives a right of action in favor of the administrator de bonis non, against the former administrator and his securities, not only for chattels…
1Opinion of the CourtScott, J.
This was an action by E. Stanton, administrator de bonis non of Joel Blanton, deceased, against Isaac Blanton, former administrator of said Joel Blanton and his securities, on their bond. The main breach alleged is, that while said Isaac Blanton was administrator as aforesaid, he received the sum of $895 as assets, and that bis letters were subsequently revoked, and that he failed to account for said sum, but converted it to his own use. A demurrer to this declaration being sustained, the case was brought here by writ of error.
It is obvious that the principle of the common law, which entitled…
2Cases cited1 opinion
- Berry v. St. Francois CountySupreme Court of Missouri · 1845
3Cited by7 opinions
- State ex rel. Collins v. DulleSupreme Court of Missouri · 1870
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- State ex rel. Welch v. MorrisonSupreme Court of Missouri · 1912
- Seymour v. SeymourSupreme Court of Missouri · 1878
2 more not listed; retrieve them via the Exa API.