Darr v. Thomas
Missouri Court of Appeals
Appeal from Clinton Circuit Court.—Hon. Alonzo D. Burnes, Judge. (1) Tbe personal estate is the primary fund out of which debts are to be paid. It is only when there are no.personal assets that real estate can be used for that purpose. R. S. 1899, sec. 139; R. S. 1899, sec. 144; R. S. 1899, see. 146; Lewis v. Carson, 93 Mo. 587; 2 Am. and Eng. Ency. of Law (2 Ed.), p. 830. (2) It is the duty of the administratrix to pay all debts if there is sufficient personalty to do so.
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Appeal from Clinton Circuit Court.—Hon. Alonzo D. Burnes, Judge. (1) Tbe personal estate is the primary fund out of which debts are to be paid. It is only when there are no.personal assets that real estate can be used for that purpose. R. S. 1899, sec. 139; R. S. 1899, sec. 144; R. S. 1899, see. 146; Lewis v. Carson, 93 Mo. 587; 2 Am. and Eng. Ency. of Law (2 Ed.), p. 830. (2) It is the duty of the administratrix to pay all debts if there is sufficient personalty to do so. R. S. 1899, sec. 184. (3) Where there is money enough to pay all demands against an estate, the court shall order the…
1Opinion of the CourtEllison, J.
This proceeding arises on objections to the settlement of an administratrix of an estate. On appeal from the probate to the circuit court certain items claimed as credits by the administratrix were disallowed and charged back to her. She then appealed to this court.
It appears that the administratrix is the widow of William Z. Darr, who died intestate leaving surviving him this administratrix and two children by a former wife who had become of age and were living to themselves. At his death Darr left a homestead occupied by himself and this administratrix. It did not exceed the statutory…
2Cases cited12 opinions
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Smith v. DennySupreme Court of Missouri · 1865
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- Langston v. CanterburySupreme Court of Missouri · 1903
- Meeker v. StraatMissouri Court of Appeals · 1889
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3Cited by5 opinions
- Jones v. PetersonSupreme Court of Missouri · 1934
- Pierce v. National Bank of Commerce in St. LouisCourt of Appeals for the Eighth Circuit · 1926
- In Re MeansUnited States Bankruptcy Court, W.D. Missouri · 1982
- Grace v. LeeMissouri Court of Appeals · 1933
- State Ex Rel. Cantley v. AkinMissouri Court of Appeals · 1929