51 Mo. 193 | Mo. | 1873
delivered the opinion of the Court.
This was a proceeding instituted by the respondents in the Probate Court of Jackson county, at the August term 1870, to revoke the letters testamentary, granted Mary A. Troost as executrix of the last will and testament of William Grillis, deceased, by said Probate Court, and to suspend all her power and authority as executrix under the same, and asking for the appointment of an administrator pendente lite. The plaintiff had previously instituted suit in the Circuit Court of Jackson County, to contest the validity of the said will. By the will, said Mary A. Troost was named as executrix and sole devisee, with the exception of a nominal sum bequeathed to the plaintiffs. The will was admitted to probate in November, 1869. The Probate Court, by its order made at the August term, 1870, suspended the letter testamentary granted to said Mary A. Troost, and all her power and authority underand by virtue of the same,during the time of such contest; and granted letters of administration to Michael Dively, with an order that he take charge of the property belonging to said estate, and adminis-' ter the same during such contest. From this order the defendant took an appeal to the Circuit Court of Jackson County, where after a hearing of the cause, a similar order and decree to that of the Probate Court were made, suspending the letters and all power and authority by virtue thereof, during the time of the contest of said will. Amotion for a new trial having been overruled the cause is brought here by appeal.
Mary A. Troost having died since the transcript was filed in the court, the suit was renewed in the name of Michael Dively, who had been appointed administrator de bonis non with the will annexed of the said Grillis.
It is maintained for the appellant that the order of the Probate Court in suspending the letters testamentary of Mary A. Troost and her authority under them, was unauthorized by
In the proceeding to set aside or establish a will in the Circuit Court, all persons interested in the estate of the deceased, must be made parties either as plaintiffs or defendants. This is always necessary when the will is presented for proof in the solemn form. On the contrary when the will is produced for probate in the common form, no notice or citation to the parties in interest to appear is required by law, or necessary. If it be conceded however, that persons interest
The judgment of the Circuit Court is affirmed.