State ex rel. Smith v. Leslie
Supreme Court of Missouri
Appeal from Webster Circuit Court. — Hon. R. W. Fyan, Judge. (1) No objection was made in the lower court to the petition, either by demurrer, answer or otherwise. (2) The final settlement was fraudulent and should be set aside. In his settlement with Bigger, Leslie was acting for his own interest and not for Ms ward, a course inconsistent with his duties. White v. Parker, 8 Barb. 48; Williams on Executors, p. 449; Reeves Dom. Relations, 325 et seq.
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Appeal from Webster Circuit Court. — Hon. R. W. Fyan, Judge. (1) No objection was made in the lower court to the petition, either by demurrer, answer or otherwise. (2) The final settlement was fraudulent and should be set aside. In his settlement with Bigger, Leslie was acting for his own interest and not for Ms ward, a course inconsistent with his duties. White v. Parker, 8 Barb. 48; Williams on Executors, p. 449; Reeves Dom. Relations, 325 et seq. There is no properly authenticated bill of exceptions in this case. Fulkerson v. Houts, 55 Mo. 302; Pope v. Thomson, 66 Mo. 661; Lumber Co. v.…
1Opinion of the CourtHenry, J.
This suit was instituted against A. H. Leslie, and Butts and Graham as his sureties, in a curator’s bond and against Bigger successor of Leslie, as curator of the estate of Geo. S. Welch. Relator is the successor of Bigger as curator of said estate. The petition contained two counts, one an action at law on the bond of Leslie on which the court properly found for *62defendants, because Leslie, as guardian, had made a final settlement, which at law is conclusive upon the ward. Mitchell v. Williams, 27 Mo. 399; State to use of Tourville v. Roland, 23 Mo. 95.
The other count charged that in the year…
2Cases cited6 opinions
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Carter v. PriorSupreme Court of Missouri · 1883
- Pope v. ThomsonSupreme Court of Missouri · 1877
- Mitchell v. WilliamsSupreme Court of Missouri · 1858
- Eau Claire Lumber Co. v. HowardSupreme Court of Missouri · 1882
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3Cited by3 opinions
- State of Missouri ex rel. Stormfeltz v. Title Guaranty & Surety Co.Court of Appeals for the Eighth Circuit · 1934
- State Ex Rel. Calvert v. Detroit Fidelity & Surety Co.Missouri Court of Appeals · 1931
- State v. WilsonMissouri Court of Appeals · 1891