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Hines v. Hines

Unknown CourtJune 1, 1912Cited 24 times
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Case Details

Judge(s)
Brown, Ferriss, Kennish
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

Claim Types

Wrongful Termination

Outcome

The court vacated the fire department board's resolution dismissing the prosecutor, holding that the notice given (only 9.5 hours while on duty) was unreasonable and deprived him of a fair trial under the statute governing fire department employee removals.

Excerpt

Appeal from Caldwell Circuit Court. — Hon. F. H. Trimble, Judge. (1) Until a will is probated it is not effective to pass title. Shaffer v. Howerton, 123 Mo. 637; Dublin v. Chadbourn, 16 Mass. 433; Bacon v. Railroad, 145 HI. App. 502. (2) Probate in common form is as final ,...and conclusive after the lapse of the statutory period for contest as probate in solemn form. Crippen v. Dexter, 79 Mass. 330; Wells v. Wells, 4 T. B. Monroe, 152; Duncan v. Duncan, 23 111. 324; Parker v. Parker, 65 Mass. (11 Cush.) 519. (3) Contest must be in courts where probated. Crippen v. Dexter, 79 Mass. 330; Tilt v. Kelsey, 207 U. S. 43; Coming’s Will, 159 Mich. 474; Rachnan v. Taylor, 204 Mass. 394; Bryan v. Nash, 110 Ya. 329. (4) Admission of will, to probate is a special proceeding and not governed^by the usual rules of pleading and practice. Wells v. Wells, 4 T. B. Monroe, 152; Clearchrings Twp. v. Blough, 88 N. E. 611. (5) Where the probate act is silent, resort may be had to the general code as to parties and practice in contest cases. Lilly v. Tobein, 103 Mo. 477; State es reí. v. Guiño tte, 157 Mo. 513. (6) Answers in a contest case, averring that defendants had no sufficient information to affirm or deny the allegations of the petition, are equivalent to a general denial. Pomeroy on Remedies, sec. 640; Bliss on Code Plead., sec. 326; Walsor v. Hawkins, 60 Mo. 560; Humphrey v. McCall, 70 Am. Dec. 626. (7) More was required in the Sloan contest to give the circuit court jurisdiction than merely filing a petition and getting service on defendants. Heady v. Crouse, 203 Mo. 100. (8) .The relief granted ought not to be broader than issues tendered by the pleadings. Powell v. Crow, 204 Mo. 481. Howard v. Brown, 197 Mo. 53. (9) The defendants to the contest suit were adversaries of Mrs. Sloan, but not of each other. Badeau v. Logan, 2 Paige, 209; Glasner v. Weusberg, 43 Mo. App. 244; Roselle v. Bank, 119 Mo. 84. (10) A decree is only conclusive on adversary parties. McMahon v

What This Ruling Means

**What happened:** This 1912 case involved a family dispute over a will between people with the same last name (Hines). The case went to an appeals court after someone challenged decisions made in a lower circuit court about how the will should be handled through the probate process, which is how courts distribute a deceased person's property. **What the court decided:** The appeals court upheld several important rules about wills and probate. They confirmed that a will doesn't actually transfer ownership of property until it goes through the official probate process in court. The court also ruled that once a will goes through "common form" probate (a simpler process), it becomes just as final and binding as the more formal probate process, as long as the legal time limit for challenging it has passed. **Why this matters for workers:** While this case dealt with family inheritance rather than workplace issues, it establishes important principles about legal deadlines and finality of court decisions that can apply to employment disputes. Workers should understand that legal processes have strict time limits, and once those deadlines pass, decisions often become final and much harder to challenge.

This summary was generated to explain the ruling in plain English and is not legal advice.

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