Michie v. Grainger
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The rule in this State is that no action can be brought against an heir, devisee, legatee or next of kin, on a claim or demand against the decedent which the creditor might have recovered from the executor or administrator. 2 Woerner’s Amer. Law on Administration (2 Ed.), 1265, 1266; Titterington v. Hooker, 58 Mo. 593; Pearce v. Calhoun, 59 Mo. 274; Crowley v. Mc-Crary, 45 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The rule in this State is that no action can be brought against an heir, devisee, legatee or next of kin, on a claim or demand against the decedent which the creditor might have recovered from the executor or administrator. 2 Woerner’s Amer. Law on Administration (2 Ed.), 1265, 1266; Titterington v. Hooker, 58 Mo. 593; Pearce v. Calhoun, 59 Mo. 274; Crowley v. Mc-Crary, 45 Mo. App. 350. (2) The decision of the probate court in allowing or disallowing a demand presented for allowance against an estate is a judgment, and is…
1Opinion of the CourtCox, J.
R. F. Michie died in December, 1901, and left as his heirs his widow, Nettie Grainger, who is now the defendant in this action, and his brothers and sisters, to-wit: S. A. Michie, this plaintiff, Walter Michie, Guy Michie, William Michie, Cora Coleman and Maude Montague. This plaintiff was appointed administrator of his estate, and the defendant, his widow, elected under the statute to take one-half of the estate in lieu of dower. During the progress of administration certain notes, the property of the Bank of Caruthersville, were probated against this estate, amounting in the aggregate to…
2Cases cited10 opinions
- Patterson v. BoothSupreme Court of Missouri · 1890
- Wilson v. BoughtonSupreme Court of Missouri · 1872
- Smith v. HaugerSupreme Court of Missouri · 1899
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
- May v. MaySupreme Court of Missouri · 1905
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3Cited by5 opinions
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- Household Finance Corporation v. AveryMissouri Court of Appeals · 1972
- Young v. Boatmen's National BankSupreme Court of Missouri · 1943
- Stark v. ColeMissouri Court of Appeals · 1963
- State Ex Rel. Woolman v. GuinotteMissouri Court of Appeals · 1926