Coons v. Stokes

514 S.W.2d 33
CourtMissouri Court of Appeals
DecidedSeptember 3, 1974
DocketNo. KCD 26649
StatusPublished
Cited by3 cases

This text of 514 S.W.2d 33 (Coons v. Stokes) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coons v. Stokes, 514 S.W.2d 33 (Mo. Ct. App. 1974).

Opinion

WASSERSTROM, Judge.

Plaintiffs sued in the Circuit Court to set aside sales of their interests in two tracts of real estate, those sales having been made and confirmed by order of the Probate Court of Clay County, Missouri, in the course of the administration of the estate of their deceased father; and plaintiffs further sought partition sale of those tracts. From an adverse judgment, plaintiffs appeal.

The facts are submitted on a stipulation which incorporates pertinent documents from the records of the Probate Court. Plaintiffs’ father, John T. Coons, died intestate on November 26, 1958, survived by his wife Kathryn and these children, who were all three then minors. Kathryn was appointed administratrix on January 5, 1959, and guardian of the children the next month.

The bulk of John’s estate consisted of rights of inheritance in the estate of his father Floyd', administration of the latter estate being pending at the time of John’s death. The inventory in John’s estate showed personal property in the amount of $9,359.13, of which $6,000 was itemized as being due from the Floyd estate. The balance of assets inventoried consisted of a interest in real estate, those being rights devised to John under Floyd’s will.

In March 6, 1959, Kathryn, as adminis-tratrix, applied to the Probate Court for authority to sell the ⅜⅛ undivided interest in each of two tracts of real estate. A separate application was filed with respect to each tract. Each application was on a printed form which contained the statement that “the sale of said real property is necessary for the best interests of the estate and for the following purposes”, after which there appeared five printed lines which set forth each of the first five grounds for sale specified in § 473.460, subd. 1. (All statutory references in this opinion are to RSMo. 1969, V.A.M.S.) None of this printed material was either specially marked or deleted, so that all six grounds remained intact just as printed.

On April 27, 1959, the Probate Court entered orders authorizing the sale of the two tracts of land. These orders were on printed forms, with blank spaces' to be completed by typewriter. The court in each order found pursuant to the printed portion that “the sale of said real property is necessary for the best interests of the estate.”

[35]*35On June 10, 1959, Kathryn filed reports that a sale had been made of one of the tracts to D. G. Paradis and Gladys Paradis for the sum of $4,857.00 and that the sale of the other tract had been made to Danny R. and Verena Stamper for $6,928.57. These reports were accepted and the sales confirmed by' order of the Probate Court dated June 22, 1959. From the pleadings filed in the Circuit Court, it appears that the purchasers named received deeds not only of John’s undivided Vith interest, but that they also purchased the balance of the interests held in the respective tracts by Floyd’s other heirs.

Thereafter, on September 30, 1959, the court ordered a family allowance to the widow and children of $10,000. By that time, there were also allowed claims in the sum of $2,209.25.

On February 11, 1960, final settlement and distribution was made in the Floyd estate. That distribution was paid to Kathryn as administratrix. At some unspecified time thereafter, Kathryn disappeared and abandoned her duties as administratrix and as guardian. For that reason her appointments in those capacities were revoked, and on May 18, 1965, the Public Administrator was appointed as her successor.

On May 9, 1966, the Probate Court entered an order correcting nunc pro tunc the order to sell the tract which was ultimately purchased by Paradis. The earlier order was amended to add the following: “The Court further finds that the personal property of the estate is insufficient for the payment of its obligations and that the sale of said real estate is necessary for the payment of the claims and obligations of the estate and the costs of administration.”

On April 28, 1967, the successor administrator obtained an order of the Probate Court allowing recovery against Kathryn in the sum of $28,481.09 for her breach of her obligations and providing that he have execution against her surety for $5,000, that being the amount of her bond. Final settlement and distribution was made in John’s estate on July 18, 1967. The present litigation in the Circuit Court was not filed until September 2, 1969.

As their principal point on this appeal, and the only one setting forth an affirmative ground for reversal, plaintiffs challenge the Probate Court’s jurisdiction to order the sales of the real estate, and in support they state that: “A sale for the best interest of the estate is not a separate statutory authorization and a petition requesting sale of real estate must include specific allegations which would allow the court to determine that the sale is for the best interest of the estate and not merely draw a conclusion ‘for the best interest of the estate’.” The other two points set forth in plaintiffs’ brief are in the nature of anticipatory rebuttal, rather than being additional claims of reasons for reversal. Since we rule against plaintiffs on their single affirmative contention quoted above, it becomes unnecessary to consider rebuttal points two and three.

I.

A factor of prime importance in this case is that the land in question has already been sold under court orders duly made and which have become final. These orders, though by a Probate Court, are as much entitled to respect and to all presumptions of correctness as orders of any other court. Rodewald v. Rodewald, 297 S.W.2d 536, 539 (Mo.1957); Hutchison v. Shelley, 133 Mo. 400, 34 S.W. 838, 841 (1896) ; Blickensderfer v. Hanna, 231 Mo. 93, 132 S.W. 678 (1910).

For that reason, these orders are immune from collateral attack of the kind made here, except on certain exceptional grounds. One of those exceptional grounds, and the only one claimed by plaintiffs as the basis for relief, is a lack of jurisdiction by the Probate Court to make these orders. Unless plaintiffs can demonstrate their allegation as to lack of [36]*36jurisdiction, their case fails. Rogers v. Johnson, 125 Mo. 202, 28 S.W. 635 (1894).

II.

This sets the background for consideration of plaintiffs’ contention that the Probate Court lacked jurisdiction because not properly invoked by adequate petitions to sell. These petitions are claimed to be insufficient for the reason that the purpose for sale stated is “the best interest of the estate.” That, plaintiffs say, is a mere conclusion which should have been but was not supported by further allegations of fact.

Assuming without deciding that § 473.460 subd. 1(6) 1 should be construed as contended for by plaintiffs, that still does not justify a conclusion that the petitions were so defective as to deprive the Probate Court of jurisdiction. Accepting for sake of argument plaintiffs’ construction that “best interests of the estate” is not a sufficient allegation of purpose for sale without further allegation of additional facts, there would have been good ground for the Probate Court to deny the petitions and there also would have been good ground for reversal of the orders for sale upon a direct appeal. However, a collateral attack cannot take the place of a direct appeal, and mere insufficiencies in these pleadings did not deprive the Probate Court of jurisdiction.

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Bluebook (online)
514 S.W.2d 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coons-v-stokes-moctapp-1974.