Dameron's Administrator v. Dameron
Supreme Court of Missouri
Error to Randolph Circuit Court. This was a proceeding founded upon sections 9,10, 11 and 12, of article 2 of the act concerning administration, (R. C. 1845,) commenced in the county court against the defendant for concealing and embezzling effects belonging to the estate of the plaintiff’s intestate.^ On the trial, it appeared that, if the defendant ever had any effects belonging to the estate in his possession, he had parted with the possession before the institution of…
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Error to Randolph Circuit Court. This was a proceeding founded upon sections 9,10, 11 and 12, of article 2 of the act concerning administration, (R. C. 1845,) commenced in the county court against the defendant for concealing and embezzling effects belonging to the estate of the plaintiff’s intestate.^ On the trial, it appeared that, if the defendant ever had any effects belonging to the estate in his possession, he had parted with the possession before the institution of this proceeding, and the court instructed the jury that, if such was the case, they could not convict him. The plaintiff…
1Opinion of the CourtGamble, Judge
1. The proceeding under the ninth and subsequent sections of the second article of the administration act, which is designed to compel the surrender of the effects of deceased persons to the executor or administrator, is an extraordinary remedy, which is not to be employed in other cases-and for other purposes than those which are clearly within the act. The person charged with concealing or embezzling the effects is to be cited before the county or probate court, examined on oath and compelled to answer. If he denies the right of the executor >or administrator to the property or effects in…
2Cited by12 opinions
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- White v. HuttonMissouri Court of Appeals · 1951
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- Eans' Administrator v. EansSupreme Court of Missouri · 1883
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