Carmody v. Carmody
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The evidence does not show that the bonds in issue in this suit were purchased with the money of Mary A. Carmody. Tygard v. Falor, 163 Mo. 234; Terry v. Glover, 235 Mo. 544. (2) It does not show a gift inter vivos between deceased and defendant. Keyl v. Westinghaus, 42 Mo. App.’ 57; Godard v. Conroy, 125 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The evidence does not show that the bonds in issue in this suit were purchased with the money of Mary A. Carmody. Tygard v. Falor, 163 Mo. 234; Terry v. Glover, 235 Mo. 544. (2) It does not show a gift inter vivos between deceased and defendant. Keyl v. Westinghaus, 42 Mo. App.’ 57; Godard v. Conroy, 125 Mo. App. 174; Terry v. Glover, 235 Mo. 549. (3) Under the pleadings and the admitted facts, the finding and judgment should have been for the plaintiff. See authorities above. (4) The court erred in admitting testimony…
1Opinion of the Court
WILLIAMS, C.
This is a proceeding originally instituted in the probate court of the city of St. Louis, under the provisions of section 70 et seq., Revised Statutes 1909, whereby the administrator of the estate of John L. Carmody, deceased, seeks to recover from *559Mary A. Carmody certain assets which it is alleged that she is wrongfully withholding from the estate. The specific property in dispute consists of eleven one-thousand-dollar bonds of the State of Coahuila de Zaragoza, Mexico; two municipal bonds of Buchanan, Georgia, for three hundred dollars each. Mary A. Carmody is the widow of John…
2Cases cited1 opinion
- Tygard v. FalorSupreme Court of Missouri · 1901
3Cited by10 opinions
- Trautmann v. TrautmannSupreme Court of Missouri · 1923
- Starks v. LincolnSupreme Court of Missouri · 1927
- Allmon v. AllmonMissouri Court of Appeals · 1957
- Roethemeier v. VeithSupreme Court of Missouri · 1934
- In Re Estate of JeffriesSupreme Court of Missouri · 1968
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