In re Davis
Supreme Court of Missouri
Appeal from Daviess Circuit Court. I. The court should have ordered the distribution of the estate in 1871, at the very date from which it now charges interest on the executor by way of damages. The executor was not in default till the court ordered distribution. (Wagn. Stat., Ill, § 3.) II. But even if an order of distribution had been made, no right to impose eight per cent, interest, as damages for failure to comply therewith, would have followed. (Wagn.
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Appeal from Daviess Circuit Court. I. The court should have ordered the distribution of the estate in 1871, at the very date from which it now charges interest on the executor by way of damages. The executor was not in default till the court ordered distribution. (Wagn. Stat., Ill, § 3.) II. But even if an order of distribution had been made, no right to impose eight per cent, interest, as damages for failure to comply therewith, would have followed. (Wagn. Stat., 112, § 10; Id., 109, 110, §§ 13, 14, 15.) III. It is nowhere imposed by express statute as a duty on the part of the executors or…
1Opinion of the CourtWagner, Judge
The appeal in this case is from the finding and judgment of the probate court. The evidence is not embodied in the record, but the finding of the court, on which the judgment was based, is set out in detail. The circuit court confirmed the proceedings of the probate court, and the executor ap*453pealed. It appears, that on a final settlement of appellant’s accounts, as executor of the estate of C. B. Williams, deceased, the court opened up the former annual settlements of the executor, and charged him with various items for which he had failed to account. The court also charged him with interest.…
2Cases cited1 opinion
- Madden's Heirs v. Madden's AdministratorSupreme Court of Missouri · 1858
3Cited by28 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- McPike v. McPikeSupreme Court of Missouri · 1892
- Bobb v. BobbSupreme Court of Missouri · 1886
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
- Anderson, Adm'x. Et Vir v. ArmstrongTexas Supreme Court · 1938
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