Legal Opinion

Estate of Buck v. Buck

Missouri Court of Appeals

Decided April 6, 1920PublishedCited by 1 opinion

Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) As Ralph B. Buck did not reside in Missouri at the time of his disappearance, and there is no showing that he ever was a resident of Missouri, the statutory! presumption of death does not arise, the presumption, if any, being under the common law. R. S. 1900', secs. 271, 6340; Carter v. Metropolitan Life, 155 Mo. App. 368, 374; Bradley, v. Modern Woodmen, 146 Mo.

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Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) As Ralph B. Buck did not reside in Missouri at the time of his disappearance, and there is no showing that he ever was a resident of Missouri, the statutory! presumption of death does not arise, the presumption, if any, being under the common law. R. S. 1900', secs. 271, 6340; Carter v. Metropolitan Life, 155 Mo. App. 368, 374; Bradley, v. Modern Woodmen, 146 Mo. App. 428, 440. (2) The absence of Ralph B. Buck was voluntary; it is fully explained by his dislike of his father, his refusal to work for his…

1Opinion of the Court

This cause originated in the probate court of the City of St. Louis and arises out of an application of Marie V. Buck, Administratrix of Ralph B. Buck, addressed to that court asking that the St. Louis Union Trust Company, Executor of Ralph S. Buck, be ordered to distribute to her as such administratrix a certain legacy bequeathed to Ralph B. Buck by the Will of Ralph S. Buck as follows:

"I give and bequeath to my nephew and namesake Ralph B. Buck the sum of two thousand dollars, which I desire my executors shall pay over to the St. Louis Union Trust Company to be invested, managed and…

2Cases cited7 opinions

  1. Hancock v. American Life InsuranceSupreme Court of Missouri · 1876
  2. Lancaster v. Washington Life InsuranceSupreme Court of Missouri · 1876
  3. Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
  4. Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
  5. Biegler v. Supreme Council of American Legion of HonorMissouri Court of Appeals · 1894

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3Cited by1 opinion

  1. United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1930

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