Arrowood v. Delaney's Estate.

Decision Date09 May 1927
Docket NumberNo. 15931.,15931.
Citation295 S.W. 522
PartiesARROWOOD v. DELANEY'S ESTATE.
CourtMissouri Court of Appeals

Appeal from Circuit Court, Clinton County; Guy B. Park, Judge.

"Not to be officially published."

Proceeding in probate court by Henry Arrowood, executor of the estate of Susan M. Delaney, deceased, and subsequently administrator thereof, against Lyda O. Delaney (subsequently Lyda O. Sprague), administratrix of .the estate of Daniel Delaney, deceased. From an order overruling a motion to substitute as party plaintiff H. R. Riley, public administrator of Clinton county and administrator of the estate of George W. Delaney, deceased, plaintiff appeals. Affirmed.

R. H. Musser, of Plattsburg, for appellant. Daniel H. Frost, of Plattsburg, for respondent.

ARNOLD, J.

This is an appeal from an order of the circuit court of Clinton county, Mo., overruling a motion to substitute as party plaintiff one H. R. Riley, public administrator of Clinton county, and recently appointed administrator of the estate of George W. Delaney, in a cause in which Henry Arrowood, executor of the estate of Susan M. Delaney, was plaintiff, and Lyda O. Sprague, administratrix of the estate of Daniel Delaney, deceased, was defendant.

The facts in this litigation are somewhat involved, but, as we gather them from the record and briefs, they are substantially as follows:

George W. Delaney died some 20 years ago, possessed of 190 acres of land in Clinton county, Mo., incumbered by a deed of trust in the sum of $3,000. His estate was left to his widow, Susan M. Delaney, and. their children, seven in number. The widow became administratrix of his estate. The estate was duly administered, and all of decedent's debts were paid out of his personal estate, excepting the $3,000 deed of trust just mentioned. Several years after the death of George W. Delaney the administratrix permitted the lands to be sold under said deed of trust; the administratrix buying the same in at the sum of the indebtedness against it. She then borrowed an amount equal to the entire amount of the purchase price, and took title in her own name. Afterwards she sold some of the land, and with the proceeds made advancements to some of her children. She also borrowed other sums on other portions of the land, and advanced the proceeds to her children, taking their promissory notes therefor. Thus matters stood when Susan M. Delaney died.

After her death, some of the heirs instituted a partition suit, reciting the facts just stated, and praying the court to declare that Susan M. Delaney held title to said lands as trustee for the heirs of George W. Delaney, who are either plaintiffs or defendants in this action. The court so decreed, and ordered said lands sold; that the money advanced to the said children by Susan M. Delaney, and which she received from the sale of portions of the land and from loans on other portions, as above related, be charged against the interest of each child to whom such advancement was made; and that the proceeds be divided pro rata among the heirs as their interests, less said advancements, might appear.

The lands were sold in partition and the proceeds divided as directed by the decree; but there was not a sufficient amount due a son, Daniel Delaney, to pay to the estate the amount of the advancement to him; and there was still outstanding against him the major portion of a $2,000 note executed by him. The decree of the court to which we have just referred, not only held that the lands were held in trust by Susan M. Delaney for the heirs of George M. Delaney, but also held that the money due on the notes of the heirs to whom advancements had been made (having been derived from the sale or pledge of said lands) was also held in trust for them, and a receiver was appointed to enforce payment of the notes for the heirs. So the record stands.

It appears that Daniel Delaney died soon after the death of his mother, and letters of administration on his estate were granted to his widow, Lyda O. Delaney, now Sprague. Thereafter Henry Arrowood, executor of the estate of Susan M. Delaney, filed in the probate court a demand against the estate of Daniel Delaney on the above named $2,000 note. It appears that this demand was not prosecuted until long after final judgment and distribution in the partition suit of the heirs of George W. Delaney. The decree therein held the said note was the property of the heirs of George W. Delaney, and not of the estate of Susan M. Delaney. Later, when Henry Arrowood, as administrator of the estate of Susan M. Delaney, attempted to prosecute said demand against the estate of Daniel Delaney, the...

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