Legal Opinion

Judson v. Bennett

Supreme Court of Missouri

Decided March 31, 1911PublishedCited by 11 opinions

Appeal from Dent Cirenit Court. — Hon. L. B. Wood-side, Judge. (1) In a proceeding of tMs kind, where exceptions are filed to the final settlement of an executor, the proceedings on appeal are analogous to appeals in equity cases. The court will examine the whole record and review the findings of fact as well as the law. The questions presented will be reviewed by the court as chancellors. In re Estate of Meeker, 45 Mo. App. 195; In re Estate of Danfurth, 66 Mo.

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Appeal from Dent Cirenit Court. — Hon. L. B. Wood-side, Judge. (1) In a proceeding of tMs kind, where exceptions are filed to the final settlement of an executor, the proceedings on appeal are analogous to appeals in equity cases. The court will examine the whole record and review the findings of fact as well as the law. The questions presented will be reviewed by the court as chancellors. In re Estate of Meeker, 45 Mo. App. 195; In re Estate of Danfurth, 66 Mo. App. 586. On final settlement in the probate court, or on appeal therefrom, annual settlements are mere exhibits of the condition of…

1Opinion of the CourtWoodson, J.

This appeal challenges the correctness of a judgment of the circuit court of Dent county, approving the final settlement of L. Judson et al., executors of the last will and testament of W. R. Love, deceased.

The latter departed this life in December, 1895; leaving surviving him his widow, Sarah P. Love, and the following children and grandchildren, to-wit: Elizabeth Hodges, D. S. Love (sometimes called Drill), A. II. Love (known as Andy), Mary Judson, Horace Love, and.two children of Riley Love, a deceased son, to-wit, Lillian Love (now Dent) arid Grace Love (now Bennett), and three children…

2Cases cited11 opinions

  1. In Re the Judicial Settlement of the Accounts McAlpineNew York Court of Appeals · 1891
  2. In Re the Accounting SlocumNew York Court of Appeals · 1901
  3. Cruce v. CruceSupreme Court of Missouri · 1884
  4. White v. Massachusetts Institute of TechnologyMassachusetts Supreme Judicial Court · 1898
  5. Keplinger v. MaccubbinCourt of Appeals of Maryland · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Estey v. Commerce Trust Co.Supreme Court of Missouri · 1933
  2. In Re Estate of BachellerMissouri Court of Appeals · 1968
  3. Carter v. Boone County Trust Co.Supreme Court of Missouri · 1936
  4. In Re Estate of Shelton v. McHaneySupreme Court of Missouri · 1936
  5. Martin v. GoodmanSupreme Court of Oklahoma · 1927

6 more not listed; retrieve them via the Exa API.

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