Wolfe v. Wolfe
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The fund was paid to the administratrix and as no one appears to have a superior claim she is entitled to keep it. This point is based on the contentions made by- counsel for Mary Wolfe. If there is nothing in the act to indicate who is the intended beneficiary of tfie fund in question the court must consider the nature of the grant, and learn the intent of the grantor from surrounding circumstances.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The fund was paid to the administratrix and as no one appears to have a superior claim she is entitled to keep it. This point is based on the contentions made by- counsel for Mary Wolfe. If there is nothing in the act to indicate who is the intended beneficiary of tfie fund in question the court must consider the nature of the grant, and learn the intent of the grantor from surrounding circumstances. State ex rel. v. Slover, 126 Mo. 652; Renfro v. Life Ins. Co., 129 S. W. 444; Keiser v. Keiser, 13. Daly (N. Y..) 522;…
1Opinion of the CourtBroaddus, P. J.
This was a proceeding instituted in the probate court. An appeal was taken from the decision of that court to the circuit court where it was tried anew and from the judgment rendered Nellie Wolfe, administratrix, appealed.
The facts are, that the appellant, Nellie Wolfe, was the widow of Cornelius Wolfe, a postal clerk, who was killed while on duty on May 24,1905. He died childless, and left his mother, Mary Wolfe, and Thomas Wolfe, an only brother.
In October 1905, the United States Government paid to Nellie as administratrix, the sum of $1000 out of a certain fund appropriated by Congress in…
2Cases cited3 opinions
- Manning v. SprySupreme Court of Iowa · 1903
- Dobbs v. ChandlerMississippi Supreme Court · 1904
- Pittel v. Fidelity Mut. Life Ass'nCourt of Appeals for the Fifth Circuit · 1898
3Cited by2 opinions
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