Legal Opinion · Concurrence

State ex rel. Armstrong, Teasdale, Schlafly & Davis v. Kohn

Supreme Court of Missouri

Decided March 23, 1993No. 75055Published

1ConcurrenceCovington, Judge

I concur in the result of the principal opinion that the probate court exceeded its jurisdiction in the opening of the Corrigan estate. I do so for reasons different from those expressed in the principal opinion. In my view, even if there were an allegation that unadministered assets had been discovered, I do not believe that the property which is or may be alleged to be an “asset” in this case should be construed to be an asset under any circumstances for purposes of application of § 473.147.2, RSMo 1986.

Assets for the purposes of administration of a decedent’s estate are generally defined…

2Cases cited4 opinions

  1. Mutual Life Ins. Co. of New York v. Farmers' & Mechanics' Nat. Bank of CadizU.S. Circuit Court for the District of Southern Ohio · 1909
  2. Bragdon v. SmithSupreme Judicial Court of Maine · 1940
  3. Citizens Bank, Drumright v. SatcherSupreme Court of Oklahoma · 1974
  4. State Ex Rel. Hills v. District Court of Sixteenth Judicial Dist.Montana Supreme Court · 1946

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