Jones v. Redman, 5323.

• Decision Date: 02 October 1934
• Docket Number: No. 5323.,5323.
• Citation: 75 S.W.2d 80
• Parties: JONES v. REDMAN.
• Court: Missouri Court of Appeals

75 S.W.2d 80

JONES v. REDMAN.

No. 5323.

Springfield Court of Appeals. Missouri.

October 2, 1934.

Appeal from Circuit Court, Dunklin County; Robert I. Cope, Judge.

"Not to be published in State Reports."

Final accounting by C. C. Redman, administrator of the estate of Mary E. Redman, deceased. From a judgment against H. Sam Jones, who had filed objections to administrator's settlements, H. Sam Jones appeals.

Reversed and remanded.

McKay & McKay, of Kennett, and W. G. Bray, of Senath, for appellant.

John H. Bradley, of Kennett, for respondent.

SMITH, Judge.

This action originated in the probate court of Dunklin county, Mo. After C. C. Redman, administrator of the estate of Mary E. Redman, filed his fifth and final settlement, plaintiff filed in the probate court objections to said final settlement, which objections went to numerous credits in each and every one of the five settlements filed. The cause was tried in the probate court on the objections and judgment rendered against plaintiff. An appeal was taken to the circuit court where the cause was again tried on amended objections filed by plaintiff in the circuit court before the Honorable Robert I. Cope, as special judge, agreed on by both parties, after the regular judge was disqualified.

The issues touching the various objections to the five settlements as aforesaid were submitted to the court and taken under advisement and afterwards judgment was rendered against plaintiff and within due time the cause was appealed to this court.

We quote a part of appellant's statement as follows:

"The undisputed facts leading up to this cause of action are as follows, to-wit:

"J. S. Redman died intestate on the 1st day of February, 1923, seized and possessed of personal property and 240 acres of real property, the real property being described as the Northwest Quarter and the West Half of the Northeast Quarter of Section 14, Township 19 North, Range 9 East, in Dunklin County Missouri. J. S. Redman left surviving him his widow, Mary E. Redman, and six children whose names are as follows: Claud Redman, Arthur Redman, Ethel Redman, who intermarried with one Gamblin, Opal Redman, Millard Redman and Woodrow Redman. After the death of J. S. Redman and before the death of Mary E. Redman, Arthur Redman, one of the six children, died intestate and without issue leaving as his sole surviving heirs, his mother, Mary E. Redman, Claud Redman, Ethel Redman Gamblin, Opal Redman, Millard Redman and Woodrow Redman. On or about the ____ day of June, 1924, Mary E. Redman died intestate leaving surviving her, her children, Claud Redman, Ethel Redman Gamblin, Opal Redman, who intermarried with one Linard, Millard Redman and Woodrow Redman. After the death of J. S. Redman, C. C. Redman, respondent in this cause, qualified as administrator of his estate and took charge of both the real and personal property and made final settlement. In his final settlement he took credit for $1,762.50 personal property allowed the widow and turned over to Mary E. Redman as her interest in his estate.

"After the death of Mary E. Redman, C. C. Redman took charge of her estate, filed his inventory and appraisement and administered upon the same and filed five settlements, the fifth settlement being the final settlement. In each of the five settlements filed by C. C. Redman as such administrator he took credit for various items which plaintiff claims he was not entitled to take credit for because said items included in said settlements as credits, were never allowed by an order of court, according to law and for the further reason most of said items concerned the real estate."

We are also setting out a part of the respondent's printed statement, which is as follows:

"J. S. Redman, husband of Mary E. Redman, died on February 1, 1923, and C. C. Redman was appointed administrator of the estate of deceased, J. S. Redman. The estate consisted of 240 acres of real estate mortgaged at the time for $12,000.00, and personal property consisting of live stock, farming equipment, and about $200.00 in the bank. J. S. Redman left surviving his wife, Mary E. Redman, and six children. The administrator took charge of the real estate and personal property of J. S. Redman, deceased, and a short time after the inventory was filed, the administrator turned over to Mary E. Redman, the widow, personal property of the inventory of deceased, J. S. Redman, amounting to $1,762.50 according to inventory, and the mother and children went on in the usual way as had been the practice before the death of J. S. Redman, but under the management of C. C. Redman, administrator of the J. S. Redman Estate. On the ____ day of June, 1924, Mary E. Redman, the widow, died, and C. C. Redman was appointed administrator of her estate and filed inventory and took charge of all personal property, and continued holding possession and management of the real estate of J. S. Redman, and looked after the payment of taxes on the lands, payment of interest and principal of loans against the lands and the collecting the rents and income from the farm, hiring labor and paying for repairs, insurance on grain and buildings, collecting debts and accounts due the Mary E. Redman Estate and the J. S. Redman Estate, and collecting rents, etc.

"C. C. Redman, administrator of the Mary E. Redman Estate, continued on in this way and held possession of the real estate of J. S. Redman which includes the land now claimed by plaintiff Jones, which is the (NW¼) of the (NW¼) and the (NW¼) of the (NE¼) Section 14, Township 19, Range 9, Dunklin County. Redman looked after and managed all the land, attended to the renting, collecting rents, hiring labor, paying taxes, paying off loans secured by deeds of trust on the land and interest on loans, paying out money to minor heirs for support, and made his final settlement in the Mary E. Redman Estate on August 15, 1931."

It seems from the record before us, and especially from the above-quoted part of respondent's statement, that the respondent, who was administrator of both of the estates of J. S. Redman and Mary E. Redman, had charge of the real estate belonging to the J. S. Redman estate and carried it, or the proceeds from the J. S. Redman real estate as a part of the administration of the Mary E. Redman estate.

As we gather it from this record, Mary E. Redman did not own any part of the real estate that formerly belonged to J. S. Redman, except that part which she may have inherited upon the death of her son, Arthur Redman, who died between the death of his father and that of his mother, unless she had elected to take a child's part in lieu of her dower interest in her husband's lands, and there is nothing in the record showing that she had so elected. We assume that she only had dower interest in her husband's real estate. Under that assumption we are at a loss to know upon...