Hemphill v. Jackson
| Decision Date | 22 July 1957 |
| Docket Number | No. 45814,No. 1,45814,1 |
| Citation | 304 S.W.2d 7 |
| Parties | Gladys HEMPHILL and William L. Crouch, Appellants, v. L. Craig JACKSON, Administratrix of the Estate of C. Lee Downey, Deceased, Respondent |
| Court | Missouri Supreme Court |
Tilford & Dobbins, Stuart Alexander, Louisville, Ky., Fuller, Ely & Hibbard, Hannibal, for appellants.
Carstarphen & Harvey, Rendlen & Rendlen, Hannibal, for respondent.
COIL, Commissioner.
This is an appeal from a judgment in a proceeding for the discovery of assets. C. Lee Downey died intestate in Marion County on March 7, 1953. Respondent, L. Craig Jackson, was appointed administratrix of his estate. Appellants, plaintiff and intervenor below, claimed to be kin to and heirs of Downey. They averred in their petitions for the discovery of assets that respondent, L. Craig Jackson, administratrix, had wrongfully failed to inventory in the estate a one-half interest in 1,440 shares of the preferred stock of C. L. Downey Company, an Ohio corporation, licensed to and doing business in Missouri. The certificates in question were issued to 'C. Lee Downey or Mrs. L. Craig Jackson.' The total preferred stock consisted of 1,500 shares of no par value. The issues made by the interrogatories and the answers and tried were these: whether appellants were kin to deceased and, if so, whether administratrix was the adopted daughter of intestate so that she would receive the stock in any event; whether the shares of stock, by virtue of the certificates issued in the form above stated, were held by deceased and Mrs. Jackson as tenants in common or as joint tenants with the right of survivorship; and whether that question should be determined by the substantive law of Missouri or by the substantive law of Ohio.
The trial court, on an appeal from the judgment of the probate court, adjudged that the plaintiff and intervenor below could maintain the action; that respondent administratrix was not the adopted daughter of deceased; that the question of tenancy in common or joint tenancy should be determined by the substantive law of Ohio; and that, by the substantive law of Ohio, the administratrix and the deceased owned the shares as joint tenants with right of survivorship and, consequently, that administratrix was not withholding assets from the estate.
We have examined the question of our jurisdiction. The parties assert that jurisdiction is in this court because the amount in dispute exceeds the sum of $7,500. Appellants say that the...
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Johnson v. Duensing, 47080
...246, 249(1-5). The appellate jurisdiction of this Court must appear from the record at the time the appeal is taken. Hemphill v. Jackson, Mo.Sup., 304 S.W.2d 7, 8(3); Haley v. Horwitz, Mo.Sup., 286 S.W.2d 796, 798; Lange v. St. Louis Public Service Co., Mo.Sup., 233 S.W.2d 641(1). We determ......
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Mayor v. Mayor
...v. Karbe, Mo.Sup., 106 S.W.2d 415; Kansas City Terminal Railway Co. v. Kansas City Transit, Inc., Mo.Sup., 339 S.W.2d 766; Hemphill v. Jackson, Mo.Sup., 304 S.W.2d 7; Trokey v. United States Cartridge Co., Mo.Sup., 214 S.W.2d 526. 'The amount in dispute * * * is determined by the amount tha......
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Hemphill v. Jackson
...for the reason that the record failed to reveal that the amount in controversy brought the appeal within its jurisdiction. Hemphill v. Jackson, Mo.Sup., 304 S.W.2d 7. C. Lee Downey died intestate in Marion County, Missouri, on March 9, 1953, and L. Craig Jackson was appointed administratrix......