Nies v. Stone
| Decision Date | 26 August 1937 |
| Docket Number | No. 34647.,34647. |
| Citation | 108 S.W.2d 349 |
| Parties | NIES v. STONE. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Johnson County; Leslie A. Bruce, Judge.
Proceeding by Eula S. Nies, as administratrix of the estate of Mary M. Stone deceased, against Estell O. Stone, executor of the estate of J. Wesley Stone, deceased. From an adverse decree, the defendant appeals.
Cause transferred to the Kansas City Court of Appeals.
A. R. Thompson, Jr., of Kansas City, and Montgomery, Martin & Montgomery, of Sedalia, for appellant.
Glen Mohler and A. Lowell Morris, both of St. Louis, and Musser, Musser & Cooper and R. M. Robertson, all of Warrensburg, for respondent.
BOHLING, Commissioner.
Eula S. Nies, as administratrix of the estate of Mary M. Stone, deceased, instituted this proceeding under section 325, R.S.1929 (Mo.St.Ann. § 325, p. 212), against Estell O. Stone, as executor of the estate of J. Wesley Stone, deceased, for the purpose of compelling said executor to account for and pay over to said administratrix "one-half of the * * * personal estate belonging to the" said J. Wesley Stone "at the time of his death, * * * subject to the payment of the" said J. Wesley Stone's "debts."
We are of opinion there is no sufficient showing of record to vest appellate jurisdiction here. Mary M. Stone was the widow of J. Wesley Stone, and died October 10, 1934. J. Wesley Stone departed this life testate October 5, 1934, without any child or other descendants in being, capable of inheriting. The record discloses that the personal estate of J. Wesley Stone, deceased, was "of the appraised value of $25,836.97; that debts and claims have been allowed and paid out of said estate and the expense of administration of said estate paid out of funds in the hands of said executor and all have been approved by the Probate Court of Johnson County, Missouri, as shown by the semiannual settlement heretofore filed in said court amounting to the sum of approximately $6,783.33, so that the net value of the personal estate of the said J. Wesley Stone will be approximately $20,000.00. * * *" This is the only statement of record purporting to disclose the "amount in dispute," upon which appellate jurisdiction turns in the instant proceedings. To vest appellate jurisdiction here on this ground, the record made in the trial court must affirmatively show that the amount in dispute exceeds $7,500, exclusive of costs. Section 1914, R.S.1929, Mo.St.Ann. § 1914, p. 2587; Stuart v. Stuart, 320 Mo. 486, 488, 8 S.W.(2d) 613 (3); City of Doniphan v. Cantley, 330 Mo. 639, 640, 50 S.W.(2d) 658, 659 (2, 3); Platies v. Theodorow Bakery Co., 334 Mo. 508, 511 (1), 66 S.W.(2d) 147, 148 (1); McGregory v. Gaskill, 317 Mo. 122, 124, 296 S.W. 123, 124 (2-6); Mitchell v. Dabney, 332 Mo. 410, 414 (2, 3), 58 S.W.(2d) 731, 733 (4); Bante v. Bante Development Co., 323 Mo. 649, 652 (1), 19 S.W.(2d) 641, 642 (2, 3); McCaskey v. Duffley, 335 Mo. 383, 385 (2), 73 S.W.(2d) 188, 189 (3); Grant v. Bremen Bank & Trust Co. (Mo.Sup.) 108 S.W. (2d) 347, among others. A possible contingency that the amount in dispute may exceed $7,500 is not sufficient (the Stuart, Platies, and Grant Cases, supra), as we may not indulge in speculation or conjecture for the purpose of determining...
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