In re Estate of Soulard
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) Every person claiming title by gift necessarily admits that up to the time when the gift was alleged to have been made the chattel was the property of the donor. Dickeschied v. Bank, 28 W. Va. 360; Samson v. Samson, 67 Iowa, 253; Barnum v. Beed, 136 111. 388. (2) The power of attorney to Mrs. Soulard neither conferred nor purported to confer upon her any authority to give away her husband’s property.
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Appeal from St. Louis City Circuit Court. (1) Every person claiming title by gift necessarily admits that up to the time when the gift was alleged to have been made the chattel was the property of the donor. Dickeschied v. Bank, 28 W. Va. 360; Samson v. Samson, 67 Iowa, 253; Barnum v. Beed, 136 111. 388. (2) The power of attorney to Mrs. Soulard neither conferred nor purported to confer upon her any authority to give away her husband’s property. Clarke’s Lessee v. Courtney, 5 Peters, 319; Frost v. Cattle Co., 81 Tex. 505; Bank.v. Schaumburg, 38 Mo. 228. (3) The alleged ratification by Mr.…
1Opinion of the CourtMaceaklane, J.
— The • controversies in this case arose in the probate court of the city of St. Louis on exceptions to the final settlement of the accounts of Joseph Soulard LaMotte as executor under the will of Henry Gr: Soulard, deceased. LaMotte died prior to the approval of his settlement, and Augusta E. LaMotte was ■ appointed his executrix and as such asked the approval of the settlement. John M. Harney, who after the death of LaMotte was appointed administrator of the unadministered goods of the said Soulard, deceased, filed exceptions to the settlement.
The propositions upon which the exceptions are…
2Cases cited23 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- First National Bank v. GaySupreme Court of Missouri · 1876
- Davis v. NeyMassachusetts Supreme Judicial Court · 1878
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Henderson v. SimmonsSupreme Court of Alabama · 1858
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3Cited by81 opinions
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Harris Banking Co. v. MillerSupreme Court of Missouri · 1905
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Rice v. WaddillSupreme Court of Missouri · 1902
- Atlantic National Bank v. St. Louis Union Trust Co.Supreme Court of Missouri · 1948
76 more not listed; retrieve them via the Exa API.