Legal Opinion

Aull v. St. Louis Trust Co.

Supreme Court of Missouri

Decided March 28, 1899PublishedCited by 30 opinions

Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The order of distribution made by the probate court under 'authority of Revised Statutes, sections 241, 242 and 243, is the judgment of a court of record, and as such is subject to the usual incidents of such a judgment. R. S. 1889, secs. 241, 243 and 246; Ladd v. Stephens, 147 Mo. 212; Elliott’s Estate, 98 Mo. 379; Coquard .v. Marshall, 14 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The order of distribution made by the probate court under 'authority of Revised Statutes, sections 241, 242 and 243, is the judgment of a court of record, and as such is subject to the usual incidents of such a judgment. R. S. 1889, secs. 241, 243 and 246; Ladd v. Stephens, 147 Mo. 212; Elliott’s Estate, 98 Mo. 379; Coquard .v. Marshall, 14 Mo. App. 30; State v. Grigsby, 92 Mo. 419. (2) A judgment acquiesced in by the parties, the benefits of which are accepted, is not subject thereafter to modification or…

1Opinion of the CourtBurgess, J.

On the eighteenth day of August, 1892, Maria Pomeroy, a resident of Lafayette county, died intestate,, leavings large amount of real and personal property in that county, which descended to her heirs. A part of this property consisted of United States bonds of the value of $69,400, and a certain amount of money, which were in the hands of William Norrison and Robert Taubman, administrators of her estate.

Maria Pomeroy left surviving her no father, mother, brother or sister, but she left six nephews and nieces, and the children of four other nephews and nieces, who were dead, as her only heirs…

2Cases cited15 opinions

  1. Caldwell v. LockridgeSupreme Court of Missouri · 1845
  2. Albright v. OysterCourt of Appeals for the Eighth Circuit · 1894
  3. Catlin v. WheelerWisconsin Supreme Court · 1880
  4. McCabe v. LewisSupreme Court of Missouri · 1882
  5. Cassell v. Fagin & WebsterSupreme Court of Missouri · 1847

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3Cited by30 opinions

  1. Albert J. Hoppe, Inc. v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
  2. Ewart v. PenistonSupreme Court of Missouri · 1911
  3. Pirtle v. CookSupreme Court of Missouri · 1997
  4. Wooten v. FriedbergSupreme Court of Missouri · 1946
  5. Kollmeyer Ex Rel. Kollmeyer v. WillisMissouri Court of Appeals · 1966

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

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