Hollingsworth v. Jeffries
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) If an estate is found within a county, existing in any of the statutory conditions, the public administrator must take charge of it. Leeper v. Taylor, 111 Mo. 312; Dunn v. Book Co., 109 Mo. 90. (2) It is not only his duty to take charge of such estates, but he must do it, or else he will be liable on his bond. State ex rel. y. Kennedy, 73 Mo.
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Appeal from Schuyler Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) If an estate is found within a county, existing in any of the statutory conditions, the public administrator must take charge of it. Leeper v. Taylor, 111 Mo. 312; Dunn v. Book Co., 109 Mo. 90. (2) It is not only his duty to take charge of such estates, but he must do it, or else he will be liable on his bond. State ex rel. y. Kennedy, 73 Mo. App. 381. (3) Whenever the public administrator takes charge of an estate found in the condition in point one, there is no authority of law, without cause, by which the probate court…
1Opinion of the CourtJohnson, J.
Plaintiff filed a motion in the probate court of Schuyler county, the purpose of which was to obtain the revocation of letters of administration issued to defendant, the public administrator, on the estate of Caleb Collins, deceased, and the grant of letters of administration to plaintiff. The probate court sustained the motion and defendant appealed to the circuit court where the motion was submitted by the parties on an agreed statement of facts. Plaintiff again prevailed and the case is here on defendant’s appeal. The material facts thus are stated in the agreed statement:
“That on the 11th…
2Cases cited4 opinions
- McCabe v. LewisSupreme Court of Missouri · 1882
- State ex rel. Mitchell v. GuinotteMissouri Court of Appeals · 1905
- Adams v. LarrimoreSupreme Court of Missouri · 1872
- Tittman v. EdwardsMissouri Court of Appeals · 1887
3Cited by9 opinions
- State Ex Rel. Gregory v. HendersonMissouri Court of Appeals · 1935
- In Re Wilcox' EstateMontana Supreme Court · 1949
- State Ex Rel. Dryden v. ThymMissouri Court of Appeals · 1955
- State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933
- Pikey v. Riles.Missouri Court of Appeals · 1929
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