Harter v. Petty
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. Appellant submits that tbe sheriff’s deeds, upon wbicb plaintiff bases his right to recover in this case, did not convey any title for the following reasons : (1) The probate court was without jurisdiction to make the order, in this: There must he a finding at some settlement that there are sufficient funds in the hands of the executor or administrator, after paying all debts and costs, to pay legacies or…
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Appeal from Clinton Circuit Court. — Hon. Alonso D. Burnes, Judge. Appellant submits that tbe sheriff’s deeds, upon wbicb plaintiff bases his right to recover in this case, did not convey any title for the following reasons : (1) The probate court was without jurisdiction to make the order, in this: There must he a finding at some settlement that there are sufficient funds in the hands of the executor or administrator, after paying all debts and costs, to pay legacies or distributive shares before the' court can make such order. Sec. 246, R. S. 1909. In order for the court to determine that…
1Opinion of the CourtBond, J.
The plaintiff is the grantee of J. H. Tucker, who acquired a sheriff’s deed to forty acres of land theretofore belonging to defendant W. T. Petty, who was the executor of the will of J. P. Ward and charged with the payment of a legacy to the said Tucker of one thousand dollars.
The will of J. P. Ward was probated December 21, 1907, on which day letters testamentary issued to the executor, who omitted to give notice thereof by publication until 1909, and made his first annual settlement in May, 1909. On February 14, 1910, the probate court, on the application of the legatee, ordered the…
2Cited by10 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- State Ex Rel. Van Hafften v. EllisonSupreme Court of Missouri · 1920
- State Ex Rel. Howe v. HughesSupreme Court of Missouri · 1938
- Huddleston v. DwyerCourt of Appeals for the Tenth Circuit · 1944
- Abernathy Ex Rel. Shepard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1921
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