[Download] "Estate Elza Lunsford Abbott v. Mary Abbott" by Southern District, Division Two Court of Appeals of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: Estate Elza Lunsford Abbott v. Mary Abbott
- Author : Southern District, Division Two Court of Appeals of Missouri
- Release Date : January 24, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Thurman Abbott (Thurman) filed motions in the decedent estate of Elza Lunsford Abbott (Elza) to force Mary Abbott (Mary), conservator of Elza's estate during his incapacity, to make a final accounting of her conservatorship activities and deliver Elza'a remaining assets to Thurman. After an evidentiary hearing, the Probate Division of the Wayne County Circuit Court ordered Mary to remit to Thurman: $73,224.45, a 1994 Chevrolet van, a man's diamond ring, and collateral held on a promissory note. Mary appeals from that judgment. 1 Mary seeks reversal of the judgment on the theory that the court was without authority to enter it. She first claims that when Elza died, he was domiciled in the State of Washington and had no property in Wayne County, Missouri; therefore, no statutory grounds existed for the issuance of letters testamentary to Thurman and the court was without subject matter jurisdiction. Second, she contends that her filing of a separate suit to contest Elza's will caused an ""automatic stay to [all] probate proceedings and that the court could not ""proceed with [any] probate proceeding until [the] Will Contest action is [resolved]; consequently, ""any judgment to come from such unlawful proceeding is a nullity.""