Robards v. Lamb

• Decision Date: 31 October 1882
• Parties: ROBARDS, Executor, Appellant, v. LAMB.
• Court: Missouri Supreme Court

76 Mo. 192

ROBARDS, Executor, Appellant,

v.LAMB.

Supreme Court of Missouri.

October Term, 1882.

Appeal from Hannibal Court of Common Pleas.--HON. JOHN T. REDD, Judge.

AFFIRMED.

Thos. H. Bacon for appellant.

Redd & Foreman for respondent.

NORTON, J.

It appears from the record before us in this case that in August, 1872, a suit was pending in the Hannibal court of common pleas contesting the will of Jno. B. Helm, deceased, and that defendant, A. W. Lamb, was duly appointed on the 13th day of August, 1872, by the probate court, administrator pendente lite; that he qualified as such administrator and took upon himself the administration of said estate; that the said suit was finally determined on the 6th day of May, 1874, by the establishing and probating said will and so much of the codicil as appointed Jno. L. RoBards and Joseph J. Johnson executors of the will; that letters testamentary were duly granted to said RoBards and Johnson on the 11th day of May, 1874, that on the 19th day of May, 1874, Lamb, the administrator pendente lite, as well as the said RoBards and Johnson, appeared before the probate court and said Lamb presented his second and final settlement, which, after showing the assets received by him and the disbursements made, left a balance remaining in his hands of $56,136.39.

On the presentation of said settlement the probate court made the following order:

“Now, at this day, it appearing to the court that the suit in this estate growing out of the contest over the will of the decedent has been terminated, the administrator pendente lite makes his final settlement with this court, showing balance in his hands due said estate of $56,136.39, which is ordered to be turned over to the executors of said estate, and on filing in this court the receipt therefor he and his securities to receive their discharge.”

On the same day the order was made, Lamb, the administrator, complied with it and paid over to said RoBards and Johnson the balance found by the court, as evidenced by the following receipt:

“We, the undersigned, executors of the estate of John B. Helm, deceased, have this day received from Alfred W. Lamb, late administrator pendente lite of said estate, all the moneys, bonds, notes, coupons, and all other evidences of debt held by him as administrator, as aforesaid, and belonging to said estate, as the same at large and more fully appears in the foregoing eight pages of this his second and final settlement.

May 19th, 1874.

JOHN L. ROBARDS,

JOSEPH J. JOHNSON,

Executors of Estate of J. B. Helm, deceased.

On the same day the following among other proceedings were had, to-wit:

“Now, at this day, Alfred W. Lamb, administrator pendente lite of the estate of John B. Helm, deceased, produces into court the receipt of the executors of the said estate of John B. Helm, for all properties held by him as administrator pendente lite. It is, therefore, now ordered that said administrator be discharged.”

On the 27th day of May, 1874, Jno. L. RoBards, one of the executors, (the other executor, Joseph J. Johnson, refusing to join him,) in the vacation of said court filed an affidavit for an appeal from said settlement, with the clerk of said court, on the 9th day of ...