Lilly v. Menke
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. A. W. Mullins, Special Judge. (1) It is clear that Tobbein desired and so expressly stated in his will that the Catholic church at Lexington should have one half (not three twelfths of his estate) after the determination of his wife’s life estate.
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Appeal from Livingston Circuit Court. — Hon. A. W. Mullins, Special Judge. (1) It is clear that Tobbein desired and so expressly stated in his will that the Catholic church at Lexington should have one half (not three twelfths of his estate) after the determination of his wife’s life estate. Preston v. Brant, 96 Mo. 556; Murphy v. Carlin, 113 Mo. 112; Van Winkle v. Van Houten, 3 N. J. Eq. 193. (2) It will be noted that the sections 4518, 4522 and 4528, under which the renunciation must be made and to which it must literally conform, create a new and statutory estate, and is not to be…
1Opinion of the CourtQ-antt, C. J.
This is the second appeal in this cause. The first is reported in Lilly v. Menke, 126 Mo. 190.
The subject-matter has been litigated since 1880. Its first appearance in this court was in the suit of the incorporated Catholic Church of Lexington, Missouri, v. Catherine Tobbein et al., to establish the will of Ilett Tobbein, 82 Mo. 418. It was held that the plaintiff therein had no property rights in the estate devised by said Tobbein and that the judgment should be reversed without remanding. Thereafter the plaintiffs as trustees of the unincorporated church of the Immaculate Conception for…
2Cases cited17 opinions
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Bensieck v. CookSupreme Court of Missouri · 1892
- McClanahan v. WestSupreme Court of Missouri · 1889
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Chouteau v. GibsonSupreme Court of Missouri · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Shannon v. EnoSupreme Court of Connecticut · 1935
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Davidson v. Miners & Mechanics Savings & Trust Co.Ohio Supreme Court · 1935
- Mercantile-Commerce Bank & Trust Co. v. BinowitzMissouri Court of Appeals · 1951
- St. Louis Union Trust Co. v. KernSupreme Court of Missouri · 1940
16 more not listed; retrieve them via the Exa API.