18 Mo. App. 173 | Mo. Ct. App. | 1885
delivered the opinion of the court.
This was a suit in equity in the circuit court, the object of which was to accomplish the same result as that which the plaintiffs sought to reach through the proceeding in the probate court in the case between the same parties {ante, p. 160), just determined. The facts of this case are precisely the same as the facts of that case; and the question for determination, therefore, is whether the plaintiffs’ demand against the estate of Constantine McGilway, deceased, which they might have exhibited for allowance within the two years prescribed by the statute (Rev. Stat., sect. 185), but which they failed so to exhibit and which, therefore, became barred, can be established by a suit in equity. It is idle to discuss such a question. A long line of decisions of our supreme court shows that the jurisdiction of the courts of probate over the administration of estates is exclusive of that of the circuit, courts. Dodson v. Scroggs, 47 Mo. 285; Cones v. Ward, Ib. 289; Titterington v. Hooker, 58 Mo. 593; Pearce v. Calhoun, 59 Mo. 271; Wernecke v. Kenyon's Admr., 66 Mo. 275; Hellman v. Wellenkamp, 71 Mo. 407, 409; Davis v. Smith, 75 Mo. 219, 228; French v. Stratton, 79 Mo. 560, 562. It is true that most of these decisions had reference to the jurisdiction of probate courts as they formerly existed, which had been established by statutes, declaring in terms that their jurisdiction over the settlement of estates of deceased persons
The circuit court rendered judgment for the defendant, and this judgment is affirmed.