Sherwood's Administrator v. Hill
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. I. Sidonia Sliorwood was an incompetent witness. She was incompetent, being a party for whose immediate use and benefit said suit was prosecuted, and who would be entitled to part of the money sought to be recovered. II. The testimony of the witness David C. Montgomery was not relevant to the matter in issue, and was improperly admitted.
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Appeal from Buchanan Court of Common Pleas. I. Sidonia Sliorwood was an incompetent witness. She was incompetent, being a party for whose immediate use and benefit said suit was prosecuted, and who would be entitled to part of the money sought to be recovered. II. The testimony of the witness David C. Montgomery was not relevant to the matter in issue, and was improperly admitted. The issue being the amount of money received by Gaines, which was the money of Sherwood at his death, and the note of Montgomery being on hand and unpaid at the death of Sherwood, Gaines was bound to make an…
1Opinion of the CourtEylaND, Judge
Eichard P. Gaines was appointed executor by the last will and testament of Absalom B. Sherwood, deceased. He gave bond as such executor with the defendants, Thomas ITenry and Samuel Hill his securities. Gaines died in July or August, 1852, and the plaintiff, Lewis W. Gaines, was appointed administrator de bonis non of Sherwood’s estate. This suit is founded on the bond of Eichard P. Gaines as executor as aforesaid, against his securities, Henry and Hill. The *393breadles assigned are, that Richard P. Gaines failed and neglected to make a perfect inventory of the estate of said Sherwood, deceased…
2Cases cited4 opinions
- Farrar and Brown v. United StatesSupreme Court of the United States · 1831
- State ex rel. Smith v. Paul'sSupreme Court of Missouri · 1855
- Scroggin v. HollandSupreme Court of Missouri · 1852
- Stein v. Weidman's AdministratorSupreme Court of Missouri · 1854
3Cited by5 opinions
- Stillwell v. PattonSupreme Court of Missouri · 1891
- Cannon v. MooreMissouri Court of Appeals · 1885
- Wilson v. RuthrauffMissouri Court of Appeals · 1900
- Simmons v. EllisMissouri Court of Appeals · 1885
- Succession of Reilly v. American Bonding Co.Supreme Court of Louisiana · 1915