Fielder v. Rose
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The trust was annexed to the office of executor, and was accepted as such hy the executor when he qualified; and, having never made a final settlement as executor, he and his sureties are liable. 2 Woerner’s Am. Law of Administration, 721; Earl v. Earl, 93 N. Y. 103-110; 2 Williams on Executors [6 Am.
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Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. The trust was annexed to the office of executor, and was accepted as such hy the executor when he qualified; and, having never made a final settlement as executor, he and his sureties are liable. 2 Woerner’s Am. Law of Administration, 721; Earl v. Earl, 93 N. Y. 103-110; 2 Williams on Executors [6 Am. Ed.], p. 1506, note m, and cases cited; 3. Ibid., p. 1894, note h; 3 Redfield on Wills [3 Ed.], p. 612, also p. 613, paragraph 6. ' The money and property received by Simeon Moore, executor and beneficiary, were held in the latter…
1Opinion of the CourtBiggs, J.
Emerett A. Moore died in Pike county-in the year -1857. She left a will which was duly admitted to probate by 'the probate court of that county, and letters testamentary were granted to her brother Simeon Moore, who was named as executor. Omitting the formal parts, the will reads as follows: “I give and devise all my estate, real and personal, money and effects, viz.: One note to the amount of nine hundred and fifty dollars against Virgil Moore, of the township of Blendon, Franklin county, and state of Ohio, and in his possession; also one mortgage to the amount of five hundred dollars…
2Cases cited7 opinions
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
- Hazel v. HaganSupreme Court of Missouri · 1871
- Owen v. SwitzerSupreme Court of Missouri · 1873
- State ex rel. Jacobs v. HearstSupreme Court of Missouri · 1849
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