Estate of Merritt v. Merritt
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The heirs and devisees bad a right to appear, and by showing a waste or misapplication, or improper and illegal charges and credits on the part of the administratrix in amount . equal to the claims proven up, prevent a sale of the real estate until the creditors had exhausted all legal remedies against the executor or administrator and his bondsmen. (Rorer Jud.
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Appeal from St. Louis Circuit Court. I. The heirs and devisees bad a right to appear, and by showing a waste or misapplication, or improper and illegal charges and credits on the part of the administratrix in amount . equal to the claims proven up, prevent a sale of the real estate until the creditors had exhausted all legal remedies against the executor or administrator and his bondsmen. (Rorer Jud. Sales, § 264; Turner vs. Ellis, 24 Miss., 173-79 ; Paine vs. Pendleton, 32 Miss., 320; 40 Miss., 643-4; Holman vs. Bennett, 44 Miss., 322; 42 Miss., 465; Pierce vs. Calhoun, 59 Mo., 271; 2 Bradf.…
1Opinion of the CourtWagner, Judge
The creditors of the estate of A. S. Merritt, deceased, presented their petition to the probate court, praying for the sale of real estate sufficient to satisfy their claims. An order was granted in accordance with their request, and the defendant, who had an interest in the estate as a devisee, under the will of the decedent, appealed. In the circuit court the case was heard anew, and the judgment of the probate court was affirmed, and the defendant has prosecuted his appeal to this court.
The ground of resistance to the order of sale is, that the administratrix having the estate in…
2Cases cited6 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Gamble v. GibsonSupreme Court of Missouri · 1875
- Clyce v. AndersonSupreme Court of Missouri · 1871
- State ex rel. Townshend v. MeagherSupreme Court of Missouri · 1869
- Foster v. DavisSupreme Court of Missouri · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- In Re Estate of MillsSupreme Court of Missouri · 1942
- Jacobs v. JacobsSupreme Court of Missouri · 1889
- Langston v. CanterburySupreme Court of Missouri · 1903
- Scott v. CriderMissouri Court of Appeals · 1925
- Scudder v. AmesSupreme Court of Missouri · 1897
26 more not listed; retrieve them via the Exa API.