[DOWNLOAD] "Helen M. Hogsett (William D. Cosgrove) V." by Kansas City District Missouri Court of Appeals " Book PDF Kindle ePub Free

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• Title: Helen M. Hogsett (William D. Cosgrove) V.
• Author : Kansas City District Missouri Court of Appeals
• Release Date : January 03, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

On this appeal the facts relevant to a decision are not in dispute and the questions presented are purely legal ones. In September, 1964, Helen M. Hogsett commenced a divorce suit against Joseph R. Hogsett and filed a motion for ""temporary alimony, suit money and attorney's fees"". For more than a year thereafter the parties and their attorneys engaged in extensive negotiations in an effort to reach an agreement on the amount to be paid Mrs. Hogsett if a divorce was ultimately granted. Mrs. Hogsett died on October 1, 1965, while the divorce suit was still pending. The motion for temporary alimony, suit money and attorney's fees had never been presented to the court. On October 26, 1965, a suggestion of Mrs. Hogsett's death was filed by Mr. Hogsett in the Circuit Court where the divorce suit had been pending. On October 12, 1965, the Probate Court of Jackson County entered an order refusing letters of administration in the estate of Mrs. Hogsett. From the commencement of the divorce suit until Mrs. Hogsett's death she was represented by Mr. William D. Cosgrove, an attorney-at-law. On January 5, 1966, Cosgrove filed what he regards as a motion in the divorce proceeding: ""Motion Of William D. Cosgrove To Be Substituted As A Party Plaintiff Herein And For A Court Order Allowing Him Attorney's Fees And Reimbursement For Expenses Necessarily Incurred In The Prosecution Of The Divorce Action."" He alleged that the motion for temporary alimony, suit money and attorney's fees filed in September, 1964, was still pending before the court and that his claim for ""attorney's fees and expenses"" incurred in the prosecution of the divorce suit was not ""extinguished"" by the death of Mrs. Hogsett. He requested the court to enter an order substituting him as the personal representative of Mrs. Hogsett, in accordance with Civil Rule 52.12(a) and Sec. 507.100 1.(1), V.A.M.S., and to award him reasonable attorney's fees for services rendered Mrs. Hogsett during her lifetime and reimbursement for expenses (really suit money) he necessarily incurred in the prosecution of her divorce suit, all in the total amount of $15,000.00. On February 1, 1966, Cosgrove filed what he regards as a motion in the divorce proceeding: ""Motion Of William D. Cosgrove To Substitute William S. Morris, Administrator of the Estate Of Helen M. Hogsett, As An Additional Party Plaintiff Herein And For A Court Order Allowing Cosgrove Reasonable Attorney's Fees And Reimbursing Him For Expenses Necessarily Incurred In The Prosecution Of The Divorce Action"". (Emphasis Supplied) The motion is referred to in the record as an ""alternative motion"". In it he alleged that the Probate Court of Jackson County had entered an order setting aside its previous order refusing letters of administration in the estate of Mrs. Hogsett and had granted such letters to William S. Morris, Public Administrator or January 26, 1966. He requested the court to substitute the Public Administrator as an additional party plaintiff in the divorce proceeding, as the duly appointed and qualified personal representative of Mrs. Hogsett, in accordance with Civil Rule 52.12(a) and Sec. 507.100 1.(1), V.A.M.S., and to enter an order awarding him (Cosgrove) reasonable attorney's fees for services rendered Mrs. Hogsett during her lifetime and reimbursement for expenses (again suit money) he necessarily incurred in the prosecution of her divorce suit, all in the total amount of $15,000.00.

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