Section 1.3 Original and Exclusive Nature of Probate Jurisdiction

• Library: Estate Administration 2014 Supp

C. (§1.3) Original and Exclusive Nature of Probate Jurisdiction

When probate courts were established in Missouri, circuit courts had general original jurisdiction of all actions at law and equity except when portions of the jurisdiction were taken away from circuit courts and vested in other courts. Probate business would have naturally fallen within the jurisdiction of circuit courts as an incident to the equity or chancery powers that circuit courts exercised. But the Constitution lifted probate business out of the jurisdiction of circuit courts and transferred it to probate courts. Strode v. Gilpin, 86 S.W. 77 (Mo. 1905).

Some early decisions of the Supreme Court of Missouri held that jurisdiction of probate courts over probate business was exclusive. See:

Ensworth v. Curd, 68 Mo. 282 (1878)

Wernecke v. Kenyon’s Adm’r, 66 Mo. 275 (1877)

Pearce v. Calhoun, 59 Mo. 271 (1875)

Titterington v. Hooker, 58 Mo. 593 (1875)

Cones v. Ward, 47 Mo. 289 (1871)

Dodson v.

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