"FINDINGS
AS TO THE FACTS.
"Your
Commissioner finds that the following facts are undisputed:
"Undisputed
Facts.
"1.
That Riddelle L. Gregory died, intestate, in Kansas City
Missouri, on Sunday, April 14, 1935.
"2.
He left surviving him a widow (the Relatrix), Marion H.
Gregory, who is twenty-four years of age, and a resident of
Kansas City, Missouri. There is no question in this case
concerning the validity of the marriage between Relatrix and
the deceased. There is no dispute about the fact that she was
a resident of Kansas City, Missouri, at the time of the death
of her said husband, and there is no dispute about the fact
that she has continuously been, since prior to April 14,
1935, a resident of Kansas City, Jackson County, Missouri.
"3.
Said Riddelle L. Gregory left surviving him three minor
children, two sons and a daughter, all of tender years, and
all of whom reside with their mother (the divorced wife of
the deceased), in Johnson County, Kansas.
"4.
That on April 19, 1935, the Relatrix filed in the Probate
Court of Jackson County, Missouri, at Kansas City, in due
form, her formal application for her appointment as
administratrix of the estate of her deceased husband, and
tendered her bond in due form in the penal sum of $
100,000.00, and executed by an approved surety, the American
Surety Company. It is admitted that the surety tendered
thereon was suggested by and was and is agreeable to the
Probate Judge, and that the bond is sufficient in every
respect.
"5.
That Relatrix did not sign or file any written renunciation
of her right to be appointed administratrix of her
husband's estate.
"6.
That Relatrix did not sign or file any written consent to the
appointment of any other person as such administrator, unless
it may be held that a proposed order prepared by counsel for
Relatrix may be said to be a written consent, but it is
pertinent at this point to note that that proposed order
which is hereinafter more fully referred to was never filed,
was never entered of record, and was not signed by any
person.
"7. That between April 19, 1935, and April 22, 1935,
various discussions were had between the Probate Judge of
Jackson County, Missouri, the Respondent herein; the
Relatrix; her attorney, Mr. Dean S. Lesher;
John B. Gage, the attorney for the former wife and for the
minor children. Some of these discussions were in the
chambers; some were in the court room of the Probate Court of
said county, and some of them were in the private law office
of the Probate Judge in the Scarritt Building in Kansas City,
Missouri.
"8.
On Monday, April 22, 1935, the Probate Judge of Jackson
County, Missouri, announced that he would appoint the
relatrix and the Commerce Trust Company as coadministrators
of the estate of Riddelle L. Gregory, deceased.
"9.
On April 22, 1935, and after the Probate Judge had announced
the order that he would make in that matter, the attorney for
the Relatrix prepared and handed to the Court a proposed
order, which proposed order is attached to the transcript of
the testimony and marked 'Exhibit 4'. That order was
never signed by the Probate Judge nor by any other person. It
bore no signature of any kind and was never entered of record
in the Probate Court.
"10.
At the time that said Exhibit 4 was presented to the Probate
Judge he refused to enter the order in that form but later
on, and on the same day, to-wit, Monday, April 22, 1935, the
Probate Court did enter an order in that cause reading as
follows:
"' In the Probate Court of Jackson County,
Missouri,
"'At Kansas City.
"'In the Matter of the Estate of Riddelle L.
Gregory,
"'Deceased. No. 41860.
"'Order.
"'Now
on this, the 22nd day of April, 1935, being the thirty-fifth
day of the February Term, 1935, of the Probate Court of
Jackson County, Missouri, it appearing to the Court upon the
written application for letters of administration that
Riddelle L. Gregory was at the date of his death, to-wit, the
14th day of April, 1935, a resident of Jackson County,
Missouri; that he left surviving him a widow to whom he had
been married approximately six months and three infant
children by a former marriage; and it appearing to the Court
that among the assets of his estate there was certain stock
in the Postal Life and Casualty Insurance Company, which
stock would be in control of said insurance company; and it
further appearing to the Court that the widow, not being the
mother of the minor children, there might be separate
interests to protect in the administration of this estate;
and it appearing to the Court that the widow is approximately
twenty-four years of age and without particular business
experience and that it would be to the best interest of the
estate to appoint as administrator of said estate a
coadministrator with the widow to administer the estate of
said Riddelle L. Gregory.
"'The
Court believing that it would be to the best interest of all
parties concerned to appoint the widow and a
coadministrator to act with her, does therefore order,
adjudge and decree that Marion H. Gregory and the Commerce
Trust Company be appointed as coadministrators of the estate
of Riddelle L. Gregory; that Dean Lesher be appointed and act
as the attorney for Marion H. Gregory and that Honorable
Cyrus Crane, in whom the Court has the greatest confidence,
be and is hereby appointed to act as counsel for the Commerce
Trust Company and that each of these gentlemen act as counsel
for the Court in this matter and that bond be fixed herein in
the sum of Fifty Thousand Dollars.
"'M.
J. HENDERSON,
"Judge.'"
"11.
On Wednesday, April 24, 1935, the petition of Relatrix for
mandamus was filed with the Kansas City Court of Appeals.
"12.
On April 24, 1935, a written notice was served on the Probate
Court of Jackson County, Missouri, advising the Respondent
that the Relatrix would present to the Kansas City Court of
Appeals her application for a writ of mandamus against the
Respondent on April 26, 1935, at three o'clock P. M.
"13.
On May 6, 1935, this Court issued its alternative writ of
mandamus.
"14.
On May 20, 1935, this Court appointed this Commissioner
herein.
"15.
No application for letters of administration has at any time
been filed by any other person than the Relatrix.
"16.
No written specifications of objections to the appointment of
Relatrix as administratrix of her deceased husband's
estate were ever filed by any person at any time.
"17.
The order that was made by the Probate Court on April 22,
1935, was made
considerably less than thirty-five days after the date of the
death of said Riddelle L. Gregory.
"DISPUTED
FACTS.
"1.
Respondent contends that Relatrix consented to the
appointment of a coadministrator, but admits that such
consent was not in writing, and was not 'filed' by
her in the Probate Court, unless it can be said that the
entry presented by the Relatrix' attorney on April 22,
1935, the original of which is attached to the transcript of
the testimony and referred to therein as Exhibit 4, is a
written consent.
"That
entry reads as follows:
"'In the Probate Court of Jackson County,
Missouri,
"'At Kansas City.
"'In the Matter of the Estate of Riddelle L.
Gregory,
"'Deceased, No.
"'JOURNAL ENTRY.
"'Now
on this twenty-second day of April, 1935, the application of
Marion H. Gregory, widow of Riddell L. Gregory, deceased, for
issuance to her of Letters of Administration herein, being
duly filed and presented, the Court finds that applicant is a
suitable and competent person to so administer, that she is
the widow of decedent, that she resides in Jackson County,
Missouri, and that decedent was a resident of Jackson County,
Missouri, at the time of his death.
"'It
is Therefore Ordered, Adjudged and Decreed by the Court that
Marion H. Gregory be, and she is, hereby appointed
administratrix herein, and that the Commerce Trust Company, a
corporation, be appointed coadministrator herein, and that
the bond herein be in and for the sum of one hundred thousand
dollars.