Williams v. Rollins

• Decision Date: 01 June 1917
• Docket Number: No. 18508.,18508.
• Citation: 195 S.W. 1009,271 Mo. 150
• Parties: WILLIAMS v. ROLLINS et al.
• Court: Missouri Supreme Court

195 S.W. 1009

271 Mo. 150

WILLIAMS v. ROLLINS et al.

No. 18508.

Supreme Court of Missouri, Division No. 1.

June 1, 1917.

Appeal from Circuit Court, St. Louis County; John W. McElhinney, Judge.

Bill by Charles Williams, executor, etc., against John G. Weber and others. From the decree, certain minor defendants, by I. A. Rollins, their guardian ad litem, appeal. Judgment against appellants reversed, and cause remanded, with directions.

J. C. Kiskaddon, of Clayton, W. H. Hills, of Enid, Okl., and Joseph G. Williams of St. Louis, for appellants. Buell L. Matthews, of St. Louis, for respondents Lindsay and Weber, administrator.

BOND, J.

I. On February 28, 1887, Thomas F. Ackerman and Susan Ackerman, his wife, legally adopted a child whom they named Mary. She afterwards married one Ira C. Cline, and of this marriage seven children were born, two of whom died in infancy; the other five, who survived their mother, are designated herein as the Cline heirs.

After the death of his adopted daughter Mary, Thomas Ackerman executed his last will and testament, by which he bequeathed to each of the Cline heirs one dollar; to his wife Susan all of his personal property, absolutely, with a life estate in all real estate of which he might die possessed, with remainder over to the children of his sister Elizabeth Perkins. His wife was named as executrix, and Charles Williams named in her stead in case of her death or inability to act. She having died before her husband, his will as originally drawn was duly probated on November 28, 1908; Charles Williams qualifying as executor.

During the course of the administration of the estate, John G. Weber, administrator of the estate of Elizabeth Perkins, deceased, represented the interests of the heirs of said Elizabeth Perkins, Benjamin C. Lindsay claimed by right of purchase the interests of the heirs of James Ackerman, deceased, brother of the testator, and the Cline heirs presented their claims as heirs and legatees. One Alice Otter also presented a claim for services, which was allowed and paid, and a further claim by right of gift of a certain note for $1,600, together with two interest notes for $45 each, secured by a deed of trust.

When the executor presented his accounts for final settlement, the court found the amount in which the executor was indebted to the estate, but, having been of counsel, refused to order distribution on account of the above adverse claims to said fund. Thereupon the executor filed this bill in equity in the circuit court and prayed that the several claimants be compelled to interplead. The decree so ordered and commanded Executor Williams to pay the fund of $11,239.47 into court.

Thereafter interpleas were duly filed, and ...