In re Powell's Estate

Decision Date12 June 1900
Citation157 Mo. 151,57 S.W. 717
PartiesIn re POWELL'S ESTATE.
CourtMissouri Supreme Court

Appeal from circuit court, Dallas county; Argus Cox, Judge.

Petition by Levi Engle, administrator of the estate of E. W. Powell, deceased, for sale of real estate to pay debts. From a judgment in favor of the petitioner, but denying a sale of lands embraced in a homestead, the administrator appeals. Affirmed.

This is a controversy arising in a proceeding originating in the probate court of Dallas county upon the petition of the administrator to sell the land, including the homestead, of which the intestate died seised. The petition is in due form, and the proper parties were before the court; the minor heirs being represented by their guardian. The facts admitted at the trial in the circuit court, to which the cause went by appeal, were that the estate consisted of about $150 worth of personal property, and a small tract of land in Dallas county, on which the intestate had resided for 20 years or more at the time of his death, which occurred in January, 1896; that he left a widow and several children, some adults and some minors, the youngest of whom would not attain her majority until 1913; that debts to the amount of $1,629.96 were classified and allowed against the estate, and remain unpaid, of which $1,215.80 was a judgment in favor of one Davidson, obtained against the deceased in his lifetime, on two promissory notes made in 1890; that, upon the petition of the widow, commissioners had been duly appointed by the probate court, who had set off a certain portion of the land, valued at $1,500, to her, as a homestead for himself and the minor children, after which she had sold her interest in the homestead to the judgment creditor; that there was not sufficient personal property and real estate outside of the homestead to pay the debts, and a sale of all the real estate subject to the homestead interest would be required for that purpose. The prayer of the petition was that all the land of which the intestate died seised be sold subject to the homestead interest. The probate court ordered a sale of the land as prayed, from which order the minor heirs appealed to the circuit court. The judgment of the circuit court was that the petition, in so far as it prayed for a sale of all the land subject to the homestead interest, be denied, and that so much only as was not embraced in the homestead be sold; and from that judgment the administrator has appealed to this court.

John S. Haymes and W. R. Self, for appellant. O. H. Scott, J. W. Miller, and ...

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23 cases
  • In re Clute's Estate
    • United States
    • Kansas Court of Appeals
    • 6 April 1942
    ...v. Gorman, 289 Mo. 1, 233 S.W. 50; Balance v. Gordon, 247 Mo. 124, 152 S.W. 358; Broyles v. Cox, 153 Mo. 242, 54 S.W. 488; Powell's Estate, 157 Mo. 156, 57 S.W. 717; Armour Lewis, 252 Mo. 574, 161 S.W. 251; Ehlers v. Potter, 219 S.W. 916; Boward's Estate, 231 S.W. 600. (b) Sec. 618, R. S. M......
  • Robbins v. Boulware
    • United States
    • Missouri Supreme Court
    • 20 June 1905
    ... ... Evans, 90 Mo. 74; Dow v ... Chandler, 85 Mo. 245; In re Aurthy, 37 N.W ... 449; Tappan v. Dayton, 51 N.Y. Eq. 82; In re ... Zech Estate, 15 Pa. Co. Ct. Rep. 622. In this case the ... publication commenced on Friday, January 11, 1889, and ended ... on Friday, February 1, 1889, and ... ...
  • Dennis v. Gorman
    • United States
    • Missouri Supreme Court
    • 11 July 1921
    ...be sold by the administrator of the deceased householder to pay the general debts of his estate. Broyles v. Cox, 153 Mo. 242; In re Powell's Estate, 157 Mo. 151; Kenne v. Wyatt, 160 Mo. 1; Balance Gordon, 247 Mo. 119; Armor v. Lewis, 252 Mo. 568; Ehlers v. Potter, 219 S.W. 915. (2) Under th......
  • In re Est. of Clute v. Clute
    • United States
    • Missouri Court of Appeals
    • 6 April 1942
    ...v. Gorman, 289 Mo. 1, 233 S.W. 50; Balance v. Gordon, 247 Mo. 124, 152 S.W. 358; Broyles v. Cox, 153 Mo. 242, 54 S.W. 488; Powell's Estate, 157 Mo. 156, 57 S.W. 717; Armour v. Lewis, 252 Mo. 574, 161 S.W. 251; Ehlers v. Potter, 219 S.W. 916; Boward's Estate, 231 S.W. 600. (b) Sec. 618, R.S.......
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