Legal Opinion

State ex rel. Young v. Cook

Missouri Court of Appeals

Decided February 8, 1916PublishedCited by 2 opinions

Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) Relator has mistaken his remedy, (a) When the probate court refused to sustain relator’s motion to remove the testamentary curator, Drunert, and permit the relator to qualify, relator’s remedy was by appeal. Owens v. Link, 48 Mo. App. 534; State v. Collier, 62 Mo. App. 38; State ex rel. v. Reynolds, 121 Mo.

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Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. (1) Relator has mistaken his remedy, (a) When the probate court refused to sustain relator’s motion to remove the testamentary curator, Drunert, and permit the relator to qualify, relator’s remedy was by appeal. Owens v. Link, 48 Mo. App. 534; State v. Collier, 62 Mo. App. 38; State ex rel. v. Reynolds, 121 Mo. App. 711. ■ (b) Mandamus lies to require a court to exercise its lawful jurisdiction, but not to coerce a particular judgment, or to rectify an erroneous one. State ex rel. Hyatt v. Smith, 105 Mo. 6. (2) Under section…

1Opinion of the CourtReynolds, P. J.

(after stating the facts). — In his argument before us learned counsel for appellant state that the sole and only questions arising in the record are, first, “under the laws of this State has a mother, who is a married woman, owning property in her own right, and who dies leaving minor children, a right by last will and testament to name a testamentary curator, other than the father, for those minor children? Or is such a provision in her will null and void, and can the father, the surviving husband, notwithstanding that the mother has named a testamentary curator, who has accepted the…

2Cases cited3 opinions

  1. Tebbetts v. RickartSupreme Court of Missouri · 1913
  2. Easley ex rel. Dye v. BoneMissouri Court of Appeals · 1890
  3. Bass v. PutmanMissouri Court of Appeals · 1899

3Cited by2 opinions

  1. State Ex Rel. Pope v. LisleMissouri Court of Appeals · 1971
  2. In re Young's EstateDistrict Court, D. Alaska · 1937

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