Fugate v. Allen
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Under tbe facts shown in evidence in this case and under tbe facts found by tbe trial court, tbe plaintiff was entitled to a decree as prayed, and tbe trial court committed error in dismissing tbe plaintiff’s bill.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Under tbe facts shown in evidence in this case and under tbe facts found by tbe trial court, tbe plaintiff was entitled to a decree as prayed, and tbe trial court committed error in dismissing tbe plaintiff’s bill. (2) Tbe trial court erred in bolding that tbe mentioning of tbe plaintiff’s mother in tbe will, and tbe making of a provision for her, was a sufficient naming of, or making provision for, tbe plaintiff. (3) By tbe deed of adoption tbe plaintiff acquired tbe right to inherit from James M. Braden as bis adopted…
1Opinion of the CourtEllison, J.
This proceeding is by an adopted son of James M. Braden, deceased, against the executor of the will and deceased’s three daughters, whereby plaintiff, who was not mentioned in the will, seeks to be declared entitled to a share in the estate. The judgment in the trial court was for the defendant.
James M. Braden was the grandfather of the plaintiff, being the father of plaintiff’s mother. The latter was divorced from her husband the plaintiff’s father. Afterwards plaintiff’s mother married a man named Snow, her name becoming Betsy Catherine Snow. Brad-en adopted plaintiff as his son by the…
2Cases cited14 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Clarkson v. HattonSupreme Court of Missouri · 1898
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Nowack v. BergerSupreme Court of Missouri · 1896
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3Cited by9 opinions
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
- In Re Harper's EstateWashington Supreme Court · 1932
- In Re Bauer's EstateWashington Supreme Court · 1940
- Mock v. NefflerSupreme Court of Georgia · 1918
- Lawnick v. SchultzSupreme Court of Missouri · 1930
4 more not listed; retrieve them via the Exa API.