Ritchey v. Withers

Decision Date31 October 1880
Citation72 Mo. 556
PartiesRITCHEY et al., Administrators, Appellants, v. WITHERS.
CourtMissouri Supreme Court

Appeal from Newton Circuit Court.--HON. JOSEPH CRAVENS, Judge.

REVERSED.

C. W. Thrasher and H. C. Young for appellants.

Henry Brumback for respondents.

NORTON, J.

This is a case arising on the exceptions of defendants, as creditors of R. N. Christian, deceased, to the final settlement of administrators of the estate of said deceased. In the trial court the exceptions to three credits claimed by plaintiffs were sustained, from which action plaintiffs have appealed, and insist that the trial court erred in disallowing each one of said credits.

It appears from the record that said Christian died the 29th day of October, 1864, leaving a widow, who, on the 25th day of September, 1865, in conjunction with her coplaintiff Ritchey, took out letters of administration on said estate; that the sale of personal property of said estate amounted to $266.50; that the widow took as her absolute property $200; that there was also allowed her certain property valued at $53.50; that she was also allowed $155, to supply deficiency of grain, meat, etc., for the support of herself and family for twelve months; that the debts proven up against the estate amounted to about $3,300; that the above allowances exhausted the personal estate, and for the payment of debts it became necessary to resort to the real estate of deceased, consisting of 562 acres of land in the county of Newton; that under an order of the probate court plaintiffs sold said land on the 13th day of April, 1869, for $4,400, for the purpose of paying the debts; that at the May term, 1869, of said court, and after the approval of the report of sale, an order was made allowing the administrators the sum of $600 for improvements and repairs put on said real estate; and also the sum of $400 was allowed to the widow in addition to former allowances for deficiency in grain, etc., for year's support of widow; that at the same time an order was also made directing the administrators to pay seventy-five per cent of the debts of the fifth class. It also appears that the real estate sold had neither house, outbuildings, fence or other improvement on it at the time letters of administration were taken out, and that the widow and administratrix had, before the sale, erected thereon various improvements, consisting of a hewed log house, crib and shed and fencing, and putting in cultivation about fifty acres of land, which improvements, together with the land, she had enjoyed up to the time of sale; and that because of such improvements the land had been enhanced in value from $600 to $1,000.

It also appears that on the 27th day of February, 1867, a demand for $70.40 was allowed one J. M. Ritchey, which, according to the record, was assigned to the fifth class, but, according to the indorsement on the back of the note and the entry made in the abstract of demands, was assigned to the sixth class. In July, 1874, an order nunc pro tunc was made directing this demand to be paid as of the fifth class, and the administrators paid thereon $66.18.

It also appears that in the annual settlement of plaintiffs made the 7th day of August, 1869, credits were allowed them for the above sums of $600 and $400, and in their annual settlement made on the 11th day of April, 1876, they were credited with the said sum of $66.18 paid Ritchey. On the final settlement defendants excepted to the allowance of the above three items, and the exceptions were sustained, and the only question before us is, whether or not on the above state of facts the court acted properly in disallowing these credits.

1. ADMINISTRATORS' FINAL SETTLEMENT, not conclusive.

It is argued that the action of the county court in allowing said credits in the annual settlements is conclusive upon defendants, who are creditors. This has been held otherwise in the case of Picot v. Biddle, 35 Mo. 38, where it is declared that such settlements are not conclusive, but are subject to review and correction on final settlement.

2. ADMINISTRATION: application of proceeds of sate of lands.

In reviewing the annual settlement of plaintiffs on their final settlement, we are of opinion that the above state of facts fully justified the trial court in rejecting the credits claimed of the items $600 and $400, and in requiring the administrators to...

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18 cases
  • Cunningham et al. v. Kinnerk
    • United States
    • Missouri Court of Appeals
    • October 2, 1934
    ...since deceased) and not in his administrator (Stephen, a respondent herein), if it vested at all or in any one. Rickey v. Withers, 72 Mo. 556; Drur v. Barker, 68 Mo. 155; Jewell v. Nettle, 39 Mo. App. 264; Estate of Lloyd, 44 Mo. App. 672; Hopkins v. Thompson, 73 Mo. App. 407; Elsroth v. Di......
  • In re Lissner's Estate
    • United States
    • Kansas Court of Appeals
    • May 8, 1939
    ...the extent of the evidence offered. Hoffmeyer v. Mintert, 93 S.W.2d 894, 899; McCune's Estate v. Daniel, 76 S.W.2d 403, 409; Ritchey v. Withers, 72 Mo. 556, 559; Revised Statutes Mo. 1929, sec. 290 (Mo. St. Ann., sec. p. 184); Nora Simonds' Appeal, 103 Mo.App. 388; In re Shelton's Estate, 3......
  • In re Lissner v. Yost
    • United States
    • Missouri Court of Appeals
    • May 8, 1939
    ...extent of the evidence offered. Hoffmeyer v. Mintert, 93 S.W. (2d) 894, 899; McCune's Estate v. Daniel, 76 S.W. (2d) 403, 409; Ritchey v. Withers, 72 Mo. 556, 559; Revised Statutes Mo. 1929, sec. 290 (Mo. St. Ann., sec. 290, p. 184); Nora Simonds' Appeal, 103 Mo. App. 388; In re Shelton's E......
  • The State ex rel. Jacobs v. Elliott
    • United States
    • Missouri Supreme Court
    • June 30, 1900
    ... ... Martin, 18 Mo.App. 468; State to use v ... Grace, 26 Mo. 87; Cohen v. Atkins, 73 Mo. 166; ... Nolley v. Calloway Co. Ct., 11 Mo. 447; Ritchey ... v. Withers, 72 Mo. 556; West v. West, 75 Mo ... 204; North v. Priest, 81 Mo. 561. (2) It is well ... settled law that where there are two ... ...
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