State ex rel. Flick v. Reddish
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) The court may pass over a person whose relation to the decedent would otherwise entitle him to preference because of his unsuitableness for the trust. Cholers Succession, 39 La.
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Appeal from Scotland Circuit Court. — Eon. Chas. D. Stewart, Judge. (1) The court may pass over a person whose relation to the decedent would otherwise entitle him to preference because of his unsuitableness for the trust. Cholers Succession, 39 La. Am. 308, 1 So. 820; Stearns v. Fiske, 18 Pick., p. 24; Fitzgerald v. Smith, 78 S. W. 1050. Unsuitableness may consist in adverse interest of some kind, or hostility to those immediately interested in the estate whether as creditors or distributees or of an interest adverse to the estate itself. 18 Cyc., p. 94, and authorities cited. (2) Where the…
1Opinion of the CourtGoode, J.
Mandamus proceeding from the circuit court of Scotland county against William F. Eeddish, judge of the probate court of said county, and J. A. Schenk, public administrator of 'the county, in charge of the estate of Sylvanus Flick, deceased. The prayer of the petition and of the alternative writ, is that a peremptory writ issue to Judge Eeddish, commanding him to revoke an order of the probate court entered September 21, 1903, directing the public administrator to take charge of the estate of said Flick, to remove Schenk as administrator of the estate and to appoint relator, Henry P. Flick,…
2Cases cited14 opinions
- State ex rel. Grover v. FowlerSupreme Court of Missouri · 1891
- Stevens v. LarwillMissouri Court of Appeals · 1904
- State ex rel. Miller's Administrator v. BidlingmaierSupreme Court of Missouri · 1858
- Flick v. SchenkSupreme Court of Missouri · 1908
- Burge v. BurgeMissouri Court of Appeals · 1902
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3Cited by8 opinions
- Moffett v. Commerce Trust CompanySupreme Court of Missouri · 1955
- State Ex Rel. Dryden v. ThymMissouri Court of Appeals · 1955
- State Ex Rel. Fansher v. GuinotteMissouri Court of Appeals · 1933
- In Re Estate of BuderSupreme Court of Missouri · 1958
- State Ex Rel. Wilson v. MartinMissouri Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.