Simonds' Appeal
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The suits brought by the curator to enforce the collection of the balance due from Sneed, the former curator, was a useless expenditure of money. Sec. 3530, R. S. 1899. (2) The circuit court erred in charging-up to the appellant’s estate the expenses that Stella Courtney’s estate should have borne in the two law suits. (3) The court erred in allowing Messrs.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. George F. Longan, Judge. (1) The suits brought by the curator to enforce the collection of the balance due from Sneed, the former curator, was a useless expenditure of money. Sec. 3530, R. S. 1899. (2) The circuit court erred in charging-up to the appellant’s estate the expenses that Stella Courtney’s estate should have borne in the two law suits. (3) The court erred in allowing Messrs. Barnett & Barnett an attorney’s fee of $25.00 for defending this suit in the circuit court. (1) The court did not err in allowing Barnett & Barnett an attorneys’ fee…
1Opinion of the CourtSmith, P. J.
— This is a proceeding that originated in the probate court. Clopton was guardian and curator of Nora Simonds, a minor. Exceptions were filed to his final settlement. On the trial anew in the circuit court the exceptions were denied and the settlement approved. The ward appealed here. .
The appellant complains that the trial court erred in allowing the curator an attorney’s fee of $25 for defending his final settlement. This was a proper allowance. In re estate of Meeker, 45 Mo. App. 186; State ex rel. Tygard v. Elliott, 82 Mo. App. 458.
It is next insisted that the court erred in charging-up…
2Cases cited2 opinions
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
- State ex rel. Tygard v. ElliottMissouri Court of Appeals · 1900