State ex rel. Rucker v. Rucker
Supreme Court of Missouri
Error to Howard Circuit Court. I. Mrs. Rucker’s removal from this State did not of itself revoke her letters of administration. (Wagn. Stat., 72, § 8.) Whether she had in fact so removed as to justify a revocation, and the divesting of her rights and duties, could only be determined by the designated court in a direct proceeding for the purpose. (Wagn Stat., p. 75, § 35 ; p. 76, § 42.) II. Mrs. Rucker’s letters not being revoked, (Wagn.
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Error to Howard Circuit Court. I. Mrs. Rucker’s removal from this State did not of itself revoke her letters of administration. (Wagn. Stat., 72, § 8.) Whether she had in fact so removed as to justify a revocation, and the divesting of her rights and duties, could only be determined by the designated court in a direct proceeding for the purpose. (Wagn Stat., p. 75, § 35 ; p. 76, § 42.) II. Mrs. Rucker’s letters not being revoked, (Wagn. Stat., 77, § 45) however it may be construed, is not applicable to this case. III. The sureties did not bind themselves for the separate administration of…
1Opinion of the CourtHough, Judge
This is an action to the use of John F. Rucker and Georgie Rucker, minor heirs of Franklin H. Rucker on a bond to the State of Missouri in the sum of six thousand dollars, executed by Jas. E. Rucker as administrator, and Amanda K. Rucker, as administratrix of the estate of Frank H. Rucker, deceased, as principals, and Jane Williams, Asa Thompson and Dabney C. Garth as sureties. The bond is dated August 31, 1866, is in the usual form, and contains all the conditions required by law.
The amended petition on which the cause was tried, recites the guardianship of C. E. Pickett, and alleges…
2Cases cited3 opinions
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
- State ex rel. Griffith v. HoltSupreme Court of Missouri · 1858
- Dobyns v. McGovernSupreme Court of Missouri · 1852
3Cited by22 opinions
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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