Desloge v. Tucker
Supreme Court of Missouri
Appeal from St. - Francois Circuit Court.—Hon. Robert A. Anthony, Judge. (1) The fact that a legatee was not served with personal notice of the presentation of the petition for an order for sale is no irregularity under the statute and can not in any way prevent the approval of the sale. R. S. 1899, see. 148. The statute indicates, by its proviso, that only heirs and devisees of the deceased party are within its terms.
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Appeal from St. - Francois Circuit Court.—Hon. Robert A. Anthony, Judge. (1) The fact that a legatee was not served with personal notice of the presentation of the petition for an order for sale is no irregularity under the statute and can not in any way prevent the approval of the sale. R. S. 1899, see. 148. The statute indicates, by its proviso, that only heirs and devisees of the deceased party are within its terms. Only to them is it necessary to give notice, and to them such notice was given, as the record shows. (2) The real estate of a deceased person descends to his heirs, or passes…
1Opinion of the CourtLamm, J.
—This is an appeal by E. C. Tucker, administrator cum testamento amiexo of the estate of John M. Desloge, deceased, from a judgment of the circuit court of St. Francois county disapproving a report of sale of real estate — said report having been confirmed in the probate court and certain heirs and devisees having appealed from that order to the said circuit court.
The terms of the will of John M. Desloge are pertinent to certain contentions made here, and the will, moreover, is curious — testament, attesting clause, the personality and identity of the scrivener (a medical man), together with…
2Cases cited1 opinion
- Johnson v. BeazleySupreme Court of Missouri · 1877
3Cited by19 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- In Re Hickok's WillNew Mexico Supreme Court · 1956
- Ussery v. HaynesSupreme Court of Missouri · 1939
- Kane v. Mercantile Trust Co. National AssociationSupreme Court of Missouri · 1974
- In re the Estate of LewisNevada Supreme Court · 1916
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