Perkins v. Silverman
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Daniel E. Bird, Judge. (1) This is a suit to obtain the distribution' to respondent of an alleged widow’s share in the Karshner estate under Secs. 114, 115 and 116, R. S. 1909, and to establish an alleged status of husband and wife; the defense was that respondent was not the widow of deceased, (a) The better doctrine is that suits having for their purpose the distribution of personal estates, as well as suits pertdining to both the…
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Appeal from Jackson Circuit Court. — Eon. Daniel E. Bird, Judge. (1) This is a suit to obtain the distribution' to respondent of an alleged widow’s share in the Karshner estate under Secs. 114, 115 and 116, R. S. 1909, and to establish an alleged status of husband and wife; the defense was that respondent was not the widow of deceased, (a) The better doctrine is that suits having for their purpose the distribution of personal estates, as well as suits pertdining to both the administration and final settlement of estates, are not triable to a jury, but are of an equitable nature, and…
1Opinion of the Court
Appeal from the Circuit Court of Jackson County. This proceeding involves the question of whether the plaintiff was the common-law wife of Pearl D. Karshner at the time of his death. She filed two claims in the Probate Court of Jackson County, Missouri, as widow of said Karshner, one asking for all articles allowed the widow, as her absolute property under Section 114, Revised Statutes 1909, except grain, meat, etc., not on hand, and that in lieu thereof she be allowed a reasonale sum under Section 115, and that she also be allowed to choose as her own property, under Section 116, additional…
2Cases cited16 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- In re DavisSupreme Court of Missouri · 1876
- Booker v. ArmstrongSupreme Court of Missouri · 1887
- Estate of Meeker v. SwiftMissouri Court of Appeals · 1891
- Myers v. MyersSupreme Court of Missouri · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Michler v. Krey Packing Co.Supreme Court of Missouri · 1952
- Atkinson v. United Railways Co.Supreme Court of Missouri · 1921
- Stripe Ex Rel. Shannon v. MeffertSupreme Court of Missouri · 1921
- Bingham v. BinghamSupreme Court of Missouri · 1930
- Hayes v. AdamsMissouri Court of Appeals · 1951
7 more not listed; retrieve them via the Exa API.