Bauer v. Gray

• Decision Date: 02 June 1885
• Parties: J. A. BAUER ET AL., Appellants, v. M. L. GRAY, Administrator, Respondent.
• Court: Missouri Court of Appeals

18 Mo.App. 173

J. A. BAUER ET AL., Appellants,

v.M. L. GRAY, Administrator, Respondent.

St. Louis Court of Appeals, Missouri.

Jun. 2, 1885.

APPEAL from the St. Louis Circuit Court, LUBKE, J.

Affirmed.

A. J. P. GARESCHE, for the apppellant.

M. L. GRAY, pro se.

THOMPSON, J., delivered the opinion of the court.

This was a suit in equity in the circuit court, the object of which was to accomplish the same result as that which the plaintiffs sought to reach through the proceeding in the probate court in the case between the same parties ( ante, p. 160), just determined. The facts of this case are precisely the same as the facts of that case; and the question for determination, therefore, is whether the plaintiffs' demand against the estate of Constantine McGilway, deceased, which they might have exhibited for allowance within the two years prescribed by the statute (Rev. Stat., sect. 185), but which they failed so to exhibit and which, therefore, became barred, can be established by a suit in equity. It is idle to discuss such a question. A long line of decisions of our supreme court shows that the jurisdiction of the courts of probate over the administration of estates is exclusive of that of the circuit courts. Dodson v. Scroggs, 47 Mo. 285; Cones v. Ward, Ib. 289; Titterington v. Hooker, 58 Mo. 593; Pearce v. Calhoun, 59 Mo. 271; Wernecke v. Kenyon's Admr., 66 Mo. 275; Hellman v. Wellenkamp, 71 Mo. 407, 409; Davis v. Smith, 75 Mo. 219, 228; French v. Stratton, 79 Mo. 560, 562. It is true that most of these decisions had reference to the jurisdiction of probate courts as they formerly existed, which had been established by statutes, declaring in terms that their jurisdiction over the settlement of estates of deceased persons should be exclusive. But the same rulings have been applied by the later decisions to the present probate courts, as they exist under the act of 1877, which does not in terms grant an exclusive jurisdiction in this regard. Rev. Stat., sect. 1176. In Davis v. Smith (75 Mo. 219, 228), Henry, J., delivering the opinion of the court, says: “The circuit court can not bring other creditors in and take charge of the administration of the estate by allowing demands against it, and making final distribution. That jurisdiction has been confined to the probate court.” But that is precisely what the plaintiffs seek to do in the case now before us. The latest expression of our supreme court on the subject is found in the opinion of Mr. Commissioner Ewing, in French v. Stratton (79 Mo. 560-562), as follows: “Full power and jurisdiction exist in our probate courts to afford a complete and final administration of estates of deceased persons. In ...