Leet v. Gratz, 92 Mo. App. 422 (1902)

Citation: Leet v. Gratz, 92 Mo. App. 422 (1902)
Parent Document: Leet v. Gratz, 92 Mo. App. 422 (1902)
Jurisdiction: Missouri (state)
Effective Date: 1902-02-18
Original Source: https://www.courtlistener.com/opinion/8296427/leet-v-gratz/ ↗

Full Text

1,414 chars

This brings us to the consideration of the validity of the deed executed by the Mississippi Valley Trust Company as curator of the minors, pursuant to the order of the probate court, and the effect of the so-called decree of the circuit court of St. Louis county, in the ejectment action, purporting to divest the plaintiffs therein of the title and vest it in Leet. The palpable weakness of the curator’s deed strikes one at a glance. Where is the statutory authority for such a proceeding? The only contingencies in which the land of a minor may be sold under an order of the probate court having jurisdiction of the estate, are for the education, support and maintenance of the minor or for reinvestment. No power is any*437where given to those courts to authorize a sale of land of minors for the purpose of compromising a litigated claim. True, the order of the court in this instance reads that the Gannon heirs were without any personal estate which could be used for their education and support, but does not direct the sale of their interest in the land in controversy for that purpose, or for reinvestment. Moreover, there was no appraisement of the land prior to the sale, nor any report to the probate court, nor any order approving the same; all of which formalities must be observed to consummate a sale of lands belonging to a minor, even when made for one of the purposes permitted by the statutes.

Other Sections in This Document (42)

Full Text