West v. West's Administrator
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. When West assumed and charged himself with the balance due from Mrs. Neely, he only did what the law required of him. Allen v. McCullough, 2 Heisk. 174; s. c., .5 Am. Rep. 27; Tyler on Inf. and Cov., §§ 216, 217, 218; .2 Williams Executors, (4 Am.Ed.) pp. 1529,1561; Schouler Dom.
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Appeal from Andrew Circuit Court. — Hon. H. S. Kelley, Judge. When West assumed and charged himself with the balance due from Mrs. Neely, he only did what the law required of him. Allen v. McCullough, 2 Heisk. 174; s. c., .5 Am. Rep. 27; Tyler on Inf. and Cov., §§ 216, 217, 218; .2 Williams Executors, (4 Am.Ed.) pp. 1529,1561; Schouler Dom. Rol., 105. Nor did his liability expire with his life. 1 Parsons Contracts, (5 Ed.) 844; Tyler Inf. and Cov., §'• 219; Burton v. Burton, 5 Harr. (Del.) 441. Having assumed the curatorship, the nature of the debt was altered, and from that time it became…
1Opinion of the CourtHenry, J.
Mrs. Neely was the curator of the estate1 of her minor children, and, without an order of court authorizing her to do so, invested about $2,000 of their money in a tract of land, taking a deed to herself and holding the-land in trust for said wards. In a settlement made by her as curator, in March, 1872, she charged herself with $7,003.94, and took credit for $1,677.69, leaving a balance-against her of $5,306.22. This $7,003.94 included the amount invested in the land. . Subsequently, she intermarried with Jas. West, but before said marriage, he agreed with Mrs. Neely, as she and her son…
2Cases cited6 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Picot v. O'FallonSupreme Court of Missouri · 1864
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Folger v. HeidelSupreme Court of Missouri · 1875
- Mitchell v. WilliamsSupreme Court of Missouri · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Krueger's EstateWashington Supreme Court · 1941
- Myers v. MyersSupreme Court of Missouri · 1889
- Hines v. HookSupreme Court of Missouri · 1935
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
- In re Hutton's EstateMissouri Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.