Glover v. Holliday

• Decision Date: 14 March 1892
• Citation: 18 S.W. 1133,109 Mo. 108
• Parties: GLOVER v. HOLLIDAY.
• Court: Missouri Supreme Court

18 S.W. 1133

109 Mo. 108

GLOVER v. HOLLIDAY.

Supreme Court of Missouri, Division No. 1.

March 14, 1892.

ACCOUNTING BY EXECUTORS — REVIEW ON APPEAL.

The executor of an estate claimed credit for commissions on the value of certain stock at the rate of $388 per share. From evidence of the value of the stock before and after it was turned over by the executor to the distributees under the will, the probate court and the circuit court determined that $300 per share was a fair estimate of the value of the property to the estate at the time it was turned over by the executor. Held, that their judgment should not be disturbed on appeal.

Appeal from St. Louis circuit court; D. D. FISHER, Judge.

Proceeding for the settlement of the account of John M. Glover, as executor of Harriet P. Charpiot, deceased. S. N. Holliday, as curator of two minor distributees, excepted to a credit claimed by the executor, and from a decree modifying such credit appealed. The decree was affirmed, and the executor appeals. Affirmed.

John M. Glover, for appellant. Boyle, Adams & McKeighan and S. N. Holliday, for respondent.

BRACE, J.

The appellant was executor of Harriet P. Charpiot, deceased. Among other assets of said deceased, there came to his hands, as such executor, 1,011 shares of the capital stock of the Kansas City Gas-Light & Coke Company, of the face value of $100 per share. On the 13th of March, 1886, in pursuance of an order of the probate court, the executor turned over to the respondent, as curator of Thomas H. and Charles R. Pratt, minor distributees, entitled thereto under the will of said deceased, said shares of stock. The executor, in his first annual settlement, made on the 4th day of January, 1887, with the probate court, took credit for commissions on the value of this stock at the rate of $388 per share. On his final settlement the respondent, curator as aforesaid, filed an exception to this credit, which was sustained to the extent of the commission on $88 per share of such credit, and the appellant allowed commission on a value of only $300 per share for such stock. From this allowance the respondent appealed to the circuit court, where, upon a trial de novo, commission was allowed the executor on the same value for said stock as was allowed by the probate court, — that is to say, on a value of $300 per share, — and judgment rendered accordingly against the executor, from which judgment he appeals to this court. The only question in the case is one...