Effective – 28 Aug 1939 426.010. Voluntary assignment — execution of. — Every voluntary assignment of lands, tenements, goods, chattels, effects and credits made by a debtor to any person in trust for his creditors, shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and every […]
Effective – 02 Jan 1979 426.020. Assignee to file inventory, when and where. — It shall be the duty of the assignee, within fifteen days after the execution of the deed of assignment, to file in the office of the clerk of the circuit court of the county in which the assignor, or, if there […]
Effective – 28 Aug 1939 426.030. Inventory to be sworn to. — The inventory shall be accompanied with an affidavit by the assignee, that the same is a full and complete inventory of all such property, effects and things, as far as the same have come to his knowledge. ——– (RSMo 1939 § 5741) Prior […]
Effective – 02 Jan 1979 426.040. Appraisers, appointment of. — It shall be the duty of the circuit court in whose clerk’s office such inventory may be filed to appoint two or more disinterested and competent persons to appraise the property, effects and things so inventoried; provided, that such appraisers may be appointed before the […]
Effective – 28 Aug 1939 426.050. Oath, filing and compensation of appraisers. — The appraisers, or a majority of them, having first taken an oath or affirmation, before some person having authority to administer oaths, to discharge their duties with fidelity, shall forthwith proceed to make such appraisement. The appraisers shall file the appraisement and […]
Effective – 28 Aug 1939 426.060. Additional property, duty of assignee. — If, after making the first inventory, any other property, effects and things conveyed by the deed of assignment shall come to the possession or knowledge of the assignee, his duty in relation thereto, and the duty of the court or judge, and the […]
Effective – 28 Aug 1939 426.070. Assignor’s list of property — filing of bond of assignee — additional bond. — The assignor, his agent or attorney, at the time of the execution of the deed of assignment, shall make a statement, in writing, verified by affidavit, setting forth the general nature and full value of […]
Effective – 28 Aug 1939 426.080. Bond, condition of. — The bond shall be taken in the name of the state of Missouri, and the condition shall be as follows: The condition of this obligation is such that if the above bound ______, assignee of ______, shall, in all things, discharge his duty as assignee […]
Effective – 02 Jan 1979 426.090. Bond, where filed and recorded — approval. — The bond shall be filed in the office of the clerk of the court in which the inventory is filed, shall be approved by the court, or in the absence of the judge, by the clerk and shall be by the […]
Effective – 02 Jan 1979 426.100. Bonds taken in absence of judge, approval or rejection. — The circuit court shall approve or reject the bonds taken in the absence of the judge, and the clerk shall enter the approval or rejection on the record. ——– (RSMo 1939 § 5748, A.L. 1978 H.B. 1634) Prior revisions: […]
Effective – 28 Aug 1939 426.110. If rejected, court to order new bond — failure to give revokes authority. — If the bond be rejected, the court shall order the assignee to give another bond, with sufficient security, to be approved by the court; and if he fail to give such bond within such time […]
Effective – 28 Aug 1939 426.120. Rejected bond valid until new one given — new bond relates back. — Such bond shall be valid until such new bond be given and approved, notwithstanding its rejection by the court, and such new bond, when approved, shall relate back, and be operative from the date of assignment. […]
Effective – 28 Aug 1939 426.130. Suit on bond, by whom and when brought — damages. — Any person injured by a breach of the condition of the bond may sue thereon in the name of the state to his use, and the damages shall be assessed as on bonds with collateral conditions. ——– (RSMo […]
Effective – 02 Jan 1979 426.140. Assignee to exhibit accounts, when and how — failure — citation — dismissal. — Every assignee shall exhibit, on oath, a statement of the accounts of the trust, with proper vouchers, to the circuit court within sixty days after the execution of the assignment, unless for good cause postponed, […]
Effective – 28 Aug 1939 426.150. Notice of allowance of assignee’s accounts by court, how given. — The court shall, by such order as the circumstances of the case may require, direct the clerk to give notice of the exhibition and filing of such accounts, for such time and in such public newspapers as it […]
Effective – 28 Aug 1939 426.160. Expense of advertising. — The expense of advertising shall be paid by the assignee, at the time of exhibiting his account, and shall be passed to his credit in such account. ——– (RSMo 1939 § 5754) Prior revisions: 1929 § 5644; 1919 § 640; 1909 § 913
Effective – 28 Aug 1939 426.170. Demands against estates, how and when allowed. — The assignee shall appoint a day, within three months after the date of the assignment, and a place, which shall be the county seat of the county where the inventory is filed, or such other place in said county most convenient […]
Effective – 28 Aug 1939 426.180. Notice, how given — creditor failing to present at proper time, precluded — exceptions. — The assignee shall give notice of the time and place of adjusting and allowing demands against the estate of his assignor, by advertisement published in some newspaper printed in the county, or, if there […]
Effective – 28 Aug 1939 426.190. Assignee may administer oaths and examine witnesses. — The assignee shall have power to administer all necessary oaths to debtors, creditors and witnesses; and may examine them on oath, touching any claim exhibited to him for allowance. ——– (RSMo 1939 § 5757) Prior revisions: 1929 § 5647; 1919 § […]
Effective – 28 Aug 1939 426.200. Evidence to establish demand. — The assignee shall require such evidence, and no other, of the justice of such demands, as is required to establish demands of a similar character in the circuit court in suits between the original parties to the contract. ——– (RSMo 1939 § 5758) Prior […]
