Thomas v. Maloney
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon. Alex. H. Waller, Judge. (1) The real parents having carried out their part of the agreement to adopt and the child having lived up to it, equity puts her on equality with regularly adopted child, so far as rights of inheritance are concerned. Steele v. Steele, 16! Mo. 573; Wright v. Tinsley, 30 Mo. 389; Sharkey v. McDermott, 91 Mo. 649; Healey v. Simpson, 113 Mo. 346; Teats v. Flanders, 118 Mo. 660; Nowack y.
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Appeal from Howard Circuit Court. — Hon. Alex. H. Waller, Judge. (1) The real parents having carried out their part of the agreement to adopt and the child having lived up to it, equity puts her on equality with regularly adopted child, so far as rights of inheritance are concerned. Steele v. Steele, 16! Mo. 573; Wright v. Tinsley, 30 Mo. 389; Sharkey v. McDermott, 91 Mo. 649; Healey v. Simpson, 113 Mo. 346; Teats v. Flanders, 118 Mo. 660; Nowack y. Berger, 133 Mo. 24; Alexander v. Alexander, 150 Mo. 579; Gupton v. Gupton, 47 Mo. 37; Sutton y. Hayden, 62 Mo. 101; Lynn y. Hockaday, 162…
1Opinion of the CourtJohnson, J.
This is an action in equity, the object of which is to obtain a decree that plaintiff is a pretermitted heir of Basley W. Malone who died testate in Howard county, and is entitled to share in his estate. Defendant demurred to the petition on the ground that the facts alleged therein fail to constitute a cause of action. The demurrer was sustained and plaintiff, refusing to plead further, brought the cause here by appeal.
Briefly stated, the facts alleged in the petition are as follows: Plaintiff, the daughter of Alex and Caroline Malone and niece of Basley W. Malone, was born in 1859. Her…
2Cases cited6 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Moran v. StewartSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jones v. GuyTexas Supreme Court · 1940
- Cubley v. BarbeeTexas Supreme Court · 1934
- Bourne v. DorneyAppellate Division of the Supreme Court of the State of New York · 1918
- Estate of TaggartCalifornia Supreme Court · 1923
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
16 more not listed; retrieve them via the Exa API.