State ex rel. Peppler v. John Sch.

• Decision Date: 31 October 1870
• Citation: State ex rel. Peppler v. John Sch., 47 Mo. 84 (Mo. 1870)
• Parties: STATE, TO USE OF CHARLES PEPPLER, ADMINISTRATOR de bonis non, etc., Respondent, v. JOHN SCHOLL et al., Appellants.
• Court: Missouri Supreme Court

47 Mo. 84

STATE, TO USE OF CHARLES PEPPLER, ADMINISTRATOR de bonis non, etc., Respondent,

v.JOHN SCHOLL et al., Appellants.

Supreme Court of Missouri.

October Term, 1870.

Appeal from St. Louis Circuit Court.

F. & L. Gottschalk, for appellants.

The court erred in admitting in evidence the sale of the personal property and the assignment of the lease by M. Peppler, as administratrix, because said sale was void--it not being authorized by the Probate Court--and the administratrix had no power to sell at private sale without authority from the court. The petition by her to the Probate Court for leave to sell was not granted, as appears of record. (Wagn. Stat. 88, § 38; id. 89, § 45.)

Woerner & Kehr, for respondent.

Having made the sale and received the proceeds, the administratrix could not question the sale.

CURRIER, Judge, delivered the opinion of the court.

Minna Peppler administered upon the estate of Caspar Peppler, and this suit is brought against the defendants as sureties upon her administration bond. The breach of the bond complained of consists in an alleged failure of the administratrix to account for and pay over the assets of the estate according to law.

It appears that the administratrix, after her appointment, returned into court an inventory of certain personal effects; that in June, 1866, she petitioned the court for leave to sell at private sale a certain leasehold belonging to the estate, together with a saloon and fixtures connected with the leasehold, and that she subsequently, and without waiting for the action of the court upon her petition, sold the property, including the good-will of the establishment, for $1,750, which was paid to her in cash. It further appears that she soon after married and left the State, without rendering any account of her administration, and that she never in fact accounted for any of the...