72 Mo. 556 | Mo. | 1880
This is a case arising on the exceptions of defendants, as creditors of R. N. Christian, deceased, to the final settlement of administrators of the estate of said deceased. In the trial court the exceptions to three credits claimed by plaintiffs were sustained, from which action plaintiffs have appealed, and insist that the trial court erred in disallowing each one of said credits.
It appears from the record that said Christian died the 29th day of October, 1864, leaving a widow, who, on the 25th day of September, 1865, in conjunction with her co-plaintiff'Ritchey, took out letters of administration on said estate; that the sale of personal property of said estate amounted to $266.50; that the widow took as her absolute property $200 ; that there was also allowed her certain property valued at $58.50 ; that she was also allowed $155, to supply deficiency of grain, meat, etc., for the support of herself and family for twelve months; that the debts proven up against tke estate amounted to about $3,800; that the above allowances exhausted the personal estate, and for the payment of debts it became necessary to resort to the real estate of deceased, consisting of 562 acres of land in the county of Newton; that under an order of the probate
It also appears that on the 27th day of February, 1867, a demand for $70.40 was allowed one J. M. Ritchey, which, according to the record, was assigned to the fifth class, but, according to the indorsement on the back of the noto and the entry made in the abstract of demands, wras assigned to the sixth class. In July, 1874, an order nunc pro tuncwas, made directing this demand to be paid as of the fifth class, and the administrators paid thereon $66.18.
It also appears that in the annual settlement of plaintiffs made the 7th day of August, 1869, credits were allowed them for the above sums of $600 and $400. and in their annual settlement made on the 11th day of April, 1876, they were credited with the said sum of $66.18 paid Ritchey. On the final settlement defendants excepted to the allowance of the above three items, and the exceptions were sustained, and the only question before us is, whether or
Section 131, Revised Statutes, provides that where any house, outbuilding, fence or other improvement on real estate requires repairs, the court may, on the application of any pei’son interested, order such repairs to be made