Estate of Schooler v. Stark
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. Appellant’s right of trial by jury was not waived. R. S. 1889, sec. 2133; Brown v. B. B., 37 Mo. 298; Cox v. Moss, 53 Id. 432; Briggs v. B’y, 111 Id. 168-175. There was but one cause of action and respondents recovered part in suit against appellant’s predecessor, and are not entitled to recover balance in this proceeding. Hoyle v. Farquharson, 80 Mo. 377; Buddie v. 'Horine, 34 Mo.
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Appeal from the Pike Circuit Court. — Hon. Reuben E. Roy, Judge. Appellant’s right of trial by jury was not waived. R. S. 1889, sec. 2133; Brown v. B. B., 37 Mo. 298; Cox v. Moss, 53 Id. 432; Briggs v. B’y, 111 Id. 168-175. There was but one cause of action and respondents recovered part in suit against appellant’s predecessor, and are not entitled to recover balance in this proceeding. Hoyle v. Farquharson, 80 Mo. 377; Buddie v. 'Horine, 34 Mo. App. 394; Lumber Co. v. Agr. & Meek. Soc., 59 Id. 24. In order to have any standing respondents should have presented their claims and had them…
1Opinion of the CourtBland, P. J.
In May, 1885, Henry Schooler died testate; his will was probated. By his will his children and grandchildren were made the distributees of bis estate; the respondents are his grandchildren. James W. Stark, his son-in-law, was appointed executor of his will, and as such qualified and proceeded to administer the estate under the will. The will provided that moneys to be derived from claims against Aaron Mc-Pike, Samuel Sidwell et al., be paid over directly to his son William H. Schooler, but that all other property going to his said son (under the will) should be held by a trustee. No…
2Cases cited1 opinion
- Brown v. StarkMissouri Court of Appeals · 1892
3Cited by3 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Perkins v. SilvermanSupreme Court of Missouri · 1920
- In re Estate of BranchMissouri Court of Appeals · 1907