Ridgway v. Kerfoot
Missouri Court of Appeals
Appeal from Grundy Circuit Court, Hon. C. H. S. Goodman, Judge. Statement of case by the court. On the ninth day of August 1881, the defendant filed in the probate court of Grundy county, his final settlement as administrator of the estate of W. W. Gordon, deceased. This settlement was continued by the court for want of notice.
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Appeal from Grundy Circuit Court, Hon. C. H. S. Goodman, Judge. Statement of case by the court. On the ninth day of August 1881, the defendant filed in the probate court of Grundy county, his final settlement as administrator of the estate of W. W. Gordon, deceased. This settlement was continued by the court for want of notice. After notice was given and proof made, And on February 18, 1882, while the final settlement was yet pending, plaintiffs filed in said probate court their petition, suggesting that defendant had “not made just accounts of the assets in his hands,” and applying for an…
1Opinion of the CourtEllisoit, J.
This proceeding, is based on sections 282, 285, Revised Statutes, and the question is, can it be maintained under the facts as stated ? It is enacted by *664section 98, Revised Statutes, that “all debts due by an administrator to his testator or intestate shall be considered as assets in his hands.” At common law, making the debtor executor, forgave or released the debt. This has been changed in this state by section 99, Revised Statutes. In case of administration, the debt was not released, but only suspended during the office of the debtor administrator. This, for the reason that a release must…
2Cases cited5 opinions
- McCarty v. FrazerSupreme Court of Missouri · 1876
- Ensworth v. CurdSupreme Court of Missouri · 1878
- Compton v. McMahanMissouri Court of Appeals · 1885
- French v. StrattonSupreme Court of Missouri · 1883
- McManus v. McDowellMissouri Court of Appeals · 1882
3Cited by4 opinions
- Wilson v. RuthrauffMissouri Court of Appeals · 1900
- Young v. ThrasherMissouri Court of Appeals · 1892
- Strobel v. ClarkMissouri Court of Appeals · 1907
- McClelland v. McClellandMissouri Court of Appeals · 1890