Sheetz v. Kirtley
Supreme Court of Missouri
Appeal from Livingston Circuit Court. L The final settlements of administrators and curators have the effect of judgments, and unless appealed from when made in the probate court, are at law conclusive upon the parties interested. (Jones vs. Brinker. .20 Mo., 88 ; State vs. Rowland, 23 Mo., 98; Mitchell vs. Williams, 27 Mo., 400; Pierce, adin’r, vs. Bates, 47 Mo., 390.) II.
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Appeal from Livingston Circuit Court. L The final settlements of administrators and curators have the effect of judgments, and unless appealed from when made in the probate court, are at law conclusive upon the parties interested. (Jones vs. Brinker. .20 Mo., 88 ; State vs. Rowland, 23 Mo., 98; Mitchell vs. Williams, 27 Mo., 400; Pierce, adin’r, vs. Bates, 47 Mo., 390.) II. Such settlements (unless appealed from) can only be impeached and set aside in equity by a bill charging that they were falsely and fraudulently procured. (Sullivan Co. vs. Burgess, 37 Mo., 300; Linn vs. Williams, 54 Mo.,…
1Opinion of the CourtHough, Judge
On the 2nd day of February, 1857, the defendant was appointed curator of the estate of Flora Belle Rucker, who after-wards intermarried with the plaintiff, Frank Sheetz. Annual settlements were regularly made by the defendant as required by law, until the year, 1867, when he made a final settlement. The regularity of this final settlement is not questioned. The defendant, however, failed to account at his final settlement, and at previous annual settlements, for the full amount of the legal interest on the money in his hands. The object of the present proceedings was to set aside the final…
2Cases cited8 opinions
- Jones v. BrinkerSupreme Court of Missouri · 1854
- State ex rel. Tourville v. RolandSupreme Court of Missouri · 1856
- Clyce v. AndersonSupreme Court of Missouri · 1871
- Lewis v. WilliamsSupreme Court of Missouri · 1873
- Picot v. BatesSupreme Court of Missouri · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Patterson v. BoothSupreme Court of Missouri · 1890
- Klemp v. WinterSupreme Court of Kansas · 1880
- Smith v. SimsSupreme Court of Missouri · 1883
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Hines v. HookSupreme Court of Missouri · 1935
20 more not listed; retrieve them via the Exa API.