Legal Opinion

Schneider v. Koester

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 8 opinions

Error to Cole Circuit Court. I. The plaintiffs cannot maintain this action. They are not a “child or children” within the meaning of the law. '(Wagn. Stat., 1365, §9.)

1Opinion of the Court

Napton, Judge,

delivered-the opinion of the court.

This was a proceeding in the Circuit Court to set aside the will of B. J. Koester, on the ground that the plaintiff’s husband, who was a son of said testator, was not named or provided for in said will. The facts alleged, and not denied, are, that Koester left a son surviving him, who married the plaintiff; but the son died, and the plaintiff afterwards married the co-plaintiff, Schneider. The defendant denied the right of plaintiffs to sue under the 9th section of the act concerning ■Wills, whidh provides, that “if any person make his last…

2Cases cited1 opinion

  1. Levins v. StevensSupreme Court of Missouri · 1841

3Cited by8 opinions

  1. Newman v. WatermanWisconsin Supreme Court · 1885
  2. Brown v. BrownNebraska Supreme Court · 1904
  3. Breidenstein v. BertramSupreme Court of Missouri · 1906
  4. Smith v. SteenNew Mexico Supreme Court · 1915
  5. Lowery v. HawkerNorth Dakota Supreme Court · 1911

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