Lewis v. Carson
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The Webb purchase money was assets of the estate for which the sureties are liable. Dix v. Morris, 1 Mo. App. 95 ; s. o., 66 Mo. 518 ; Campbell v. Johnson, 65 Mo. 439; Boyer v. Allen, 76 Mo. 498; 3 Jarman, on Wills [5 Am. Ed.] 427. (2) If the Webb purchase money was not assets of the estate, then the administrator has improperly received credit for $7,316.65, paid on account of the land sold to Webb, and to clear title to same.
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Appeal from St. Louis Court of Appeals. (1) The Webb purchase money was assets of the estate for which the sureties are liable. Dix v. Morris, 1 Mo. App. 95 ; s. o., 66 Mo. 518 ; Campbell v. Johnson, 65 Mo. 439; Boyer v. Allen, 76 Mo. 498; 3 Jarman, on Wills [5 Am. Ed.] 427. (2) If the Webb purchase money was not assets of the estate, then the administrator has improperly received credit for $7,316.65, paid on account of the land sold to Webb, and to clear title to same. (3) The administrator improperly used $5,140 ■of the money of the estate to pay off mortgage debts on property which had…
1Opinion of the CourtBlack, J.
This is a statutory proceeding, commenced in the probate court against a removed administrator and his surety to ascertain the amount of money and property in his hands. The probate court gave judgment for the plaintiff for the sum of $8,752.53. A like judgment was rendered in the circuit court, on an appeal prosecuted by the defendants. That judgment was reversed in the court of appeals and the plaintiff appealed.
John B. Carson died in 1866. By his will, he gave to two step-daughters twenty-five hundred dollars each, and to a nephew one thousand dollars. The residue of his property, real and…
2Cases cited3 opinions
- Dix v. MorrisSupreme Court of Missouri · 1877
- State ex rel. Peppler v. SchollSupreme Court of Missouri · 1870
- State ex rel. Betts v. PurdySupreme Court of Missouri · 1877
3Cited by13 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- McPike v. McPikeSupreme Court of Missouri · 1892
- Scharff v. KleinMissouri Court of Appeals · 1887
- Sargent v. SargentMassachusetts Supreme Judicial Court · 1897
- Francisco v. WingfieldSupreme Court of Missouri · 1901
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