Peake v. Redd
Supreme Court of Missouri
ERROR to Marion Circuit Court. T. The action of the county court, setting aside and annulling the supposed a'lotment of dower In the slaves of the decea-ed, under the order of Nov. 13, 1839, to Penelope Francis» was legal and proper. 1st. Because the said oidor of 13th of Nov. 1839, appointing commissioners to assign dower in the slaves, was made without applicalion therefor by any party in interest to the court; and without ten days nolice to the administrators or heirs of…
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ERROR to Marion Circuit Court. T. The action of the county court, setting aside and annulling the supposed a'lotment of dower In the slaves of the decea-ed, under the order of Nov. 13, 1839, to Penelope Francis» was legal and proper. 1st. Because the said oidor of 13th of Nov. 1839, appointing commissioners to assign dower in the slaves, was made without applicalion therefor by any party in interest to the court; and without ten days nolice to the administrators or heirs of said Th. Francis, deceased; orto the guardians of such helis; and c -nsequently was null and void without any action of…
1Opinion of the CourtNapton, J.
Much of the difficulty in this case grows out of the confused state of the record. The legal principles upon which the case turns are sufficiently obvious, if the true history of the case could be gathered from the record. As far as this can be done, we infer the facts to have been about as follows.
In 18S9, upon the death of Thomas Francis, John T. Redd, who had married one of his daughters, was appointed administrator of his estate. In November of that year, the county court appointed commissioners to assign to the widow her share of slaves belonging to the estate. • The commissioners…
2Cited by6 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- State ex rel. St. Joseph & Iowa Rail Road v. County CourtSupreme Court of Missouri · 1873
- In re the Estate of BominoSupreme Court of Missouri · 1884
- State ex rel. Jackson County v. HickmanSupreme Court of Missouri · 1884
- Wilks v. MurphyMissouri Court of Appeals · 1885
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