In re Final Settlement of Rickenbaugh
Missouri Court of Appeals
Appeal from the Callaway Circuit Court. — Hon. George Robertson, Special Judge. (1) The power of sale given by the McKamey will vested in the executor as such, and not in Rickenbaugh as trustee. It was a power annexed to the executorial office, and its exercise was the performance of a duty as executor.
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Appeal from the Callaway Circuit Court. — Hon. George Robertson, Special Judge. (1) The power of sale given by the McKamey will vested in the executor as such, and not in Rickenbaugh as trustee. It was a power annexed to the executorial office, and its exercise was the performance of a duty as executor. Dilworth v. Rice, 48 Mo. 124, 132, et seq.; Roans v. BlacJciston, 66 Mo. 437, 440; Phillips v. Steioart, 59 Mo. 491, 494; Acts, 1883, p. 23; 1 R. S. 1889, sec. 137; Mott v. Aclcerman, 92 N. Y. 539, 552; 2 Woerner’s Administration, sec. 341, p. 723. In line ■with these rulings, it is held that…
1Opinion of the CourtSmith, P. J.
On February 15, 1887, James I. McKamey, now dead, made the following will:
“Fulton, Mo., February 15, 1887.
“I, James McKamey, of the county of Callaway and the state of Missouri, do make and ordain this to be my last will and testament in the manner: Hirst. It is my will that my debts be paid. Second. It is my will that Sarah and Laura Rickenbaugh each have five hundred dollars. Third. It is my wall that my wdfe, Margaret O. McKamey have, in addition to the amount secured to her by marriage contract, all my household furniture. Fourth. It is my will that my niece, Eva LaForce, have five…
2Cases cited13 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Trustees of General Assembly of the Presbyterian Church v. McElhinneySupreme Court of Missouri · 1876
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Phillips v. StewartSupreme Court of Missouri · 1875
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3Cited by3 opinions
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