Grimes v. Reynolds

• Decision Date: 13 May 1902
• Citation: 68 S.W. 591,94 Mo. App. 589
• Parties: GRIMES v. REYNOLDS.
• Court: Missouri Court of Appeals

68 S.W. 591

94 Mo. App. 589

GRIMES v. REYNOLDS.

Court of Appeals at St. Louis, Missouri.

May 13, 1902.

ADMINISTRATION OF ESTATE — CLAIM AGAINST ESTATE OF WIFE.

The court follows the decision in Grimes v. Reynolds (Mo. App. St. L.) 68 S. W. 588, and certifies the case to the supreme court for the reasons stated in the opinion cited.

(Syllabus by the Judge.)

Apeal from circuit court, Pike county; David H. Eby, Judge.

Action by John M. Grimes against Court-land Reynolds, administrator of the estate of Nancy M. Grimes, deceased. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Pearson & Pearson, for appellant. Frank J. Duvall and J. D. Hostetter, for respondent.

BARCLAY, J.

This case in all essential particulars is identical with another of the same title, submitted to the court at the same time. But in this action the note given to plaintiff, John M. Grimes, by his wife, Nancy M. Grimes, and sought to be established as a probate demand against her estate, was for the sum of $660, with interest at 6 per cent. per annum from February 1, 1899, upon which the final judgment of allowance in the circuit court in May, 1901, was for $717.16, bearing interest at 6 per cent., to be compounded. The plaintiff in this case, as in the other, prevailed in the trial court, and defendant appealed. There is nothing else to distinguish this case from the other, in which our views of the law applicable to the facts of both cases have been given.

For the reasons and upon the facts stated in the opinion of the St. Louis court of appeals in Grimes v. Reynolds (No. 8,479) 68 S. W. 588, the judgment in the case at bar is affirmed, with the concurrence of BLAND, P. J., and GOODE, J., but because all the members of this court deem our said decision contrary to the previous decision of the Kansas City court of appeals in Lindsay v. Archibald, 65 Mo. App. 117, it is ordered by this court (all the judges concurring) that this cause be certified and transferred to the supreme court in accordance with the terms of the constitution of Missouri in such case made and provided.