In re Hutton's Estate
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Bumes, Judge. (1) Conceding, for tbe purpose of tbe argument, that tbis order, wbicb was made on tbe eighteenth day of November, 1898, was of any validity, it was not a final order from wbicb an appeal would lie. There was no approval of tbe so-called compromise by tbe probate court until tbe order approving tbe final settlement was made.
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Appeal from Clinton Circuit Court. — Hon. A. D. Bumes, Judge. (1) Conceding, for tbe purpose of tbe argument, that tbis order, wbicb was made on tbe eighteenth day of November, 1898, was of any validity, it was not a final order from wbicb an appeal would lie. There was no approval of tbe so-called compromise by tbe probate court until tbe order approving tbe final settlement was made. R. S. 1899, secs. 283 and 285; Berry v. Shackelford’s Adm’r, 38 Mo. 392; Branson v. Branson, 102 Mo. 613. (2) Tbe order of tbe probate court could have no greater effect than a credit received by an…
1Opinion of the CourtSmith, P. J.
Wm. T. Hutton died intestate, in February, 1897. Erancis M. Hutton, his brother, was appointed the administrator of his estate by the probate court. The administrator filed his inventory in which was listed several notes on John A. Hutton, the principal and interest of which, at that time, aggregated $1,020.06. On the fifteenth day of November, 1898, the administrator filed in the probate court his petition for a compromise of these notes. On the same day that court made its order purporting to authorize the administrator to compromise said note. Later on John A. Hutton paid the administrator…
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