Galbraith v. Pennington
Missouri Court of Appeals
Appeal from Shannon County Circuit Court. — Hon. W. N. Evans, Judge. (1) The court erred in permitting plaintiff to prove that she had paid certain claims due and owing by William Blount at the time of his death over the objection of defendant. If such payments were made they were voluntary and no charge against this defendant. Payment made with full knowledge of all the facts constitutes voluntary payment and cannot be recovered.
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Appeal from Shannon County Circuit Court. — Hon. W. N. Evans, Judge. (1) The court erred in permitting plaintiff to prove that she had paid certain claims due and owing by William Blount at the time of his death over the objection of defendant. If such payments were made they were voluntary and no charge against this defendant. Payment made with full knowledge of all the facts constitutes voluntary payment and cannot be recovered. Brewing Co. v. St. Louis, 187 Mo. 367; Ehodes v. Dickerson, 9.5 Mo. App. 395; State ex rel. v. Stonestreet, 92 Mo. App. 214. (2) The condition imposed upon the…
1Opinion of the CourtSturgis, J.
This suit grows out of the fact that plaintiff discharged the whole burden cast jointly on plaintiff and . defendant by the will of William Blount. Being childless, William Blount, an aged farmer, made his wife, also quite old, and the plaintiff and defendant, who had lived with and received parental care and support from this aged couple, the beneficiaries of his will. This will gave all his property, real and personal, to his wife during her life and then to these foster children, dividing the land by metes and bounds between them. The will contained this provision and condition: “This…
Also in this document: Concurrence.
2Cases cited8 opinions
- Reineman v. LarkinSupreme Court of Missouri · 1909
- Wells v. WellsSupreme Court of Missouri · 1898
- Lehew v. BrummellSupreme Court of Missouri · 1890
- Alexander v. AlexanderSupreme Court of Missouri · 1900
- Jacobsmeyer v. JacobsmeyerMissouri Court of Appeals · 1901
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3Cited by5 opinions
- Muenkel v. MuenkelSupreme Court of Minnesota · 1919
- Stewart v. FererCourt of Appeals for the Tenth Circuit · 1947
- Monett Lodge, No. 106, I. O. O. F. v. HartmanMissouri Court of Appeals · 1914
- Mayfield, Gdn. v. RumfordIndiana Court of Appeals · 1929
- Rock ex rel. Rock v. MantheiDistrict Court, W.D. Missouri · 1955