Budde v. Rebenack
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. (1) An executor or administrator is not a proper party defendant in a bill for partition of the lands of the decedent. The court erred in overruling defendant Herman Nagel’s demurrer to the petition. Throckmorton v. Pence, 121 Mo. 50; Freeman, Cotenancy and Partition, sec. 471; Speer v. Speer, 14 N. J. Eq. 240; Garrison v. Cox, 99 N. C. 478; Tindal v. Drake, 51 Ala. 574; 17 Am. and Eng. Ency.
Read the full summary
Appeal from the St. Louis City Circuit Court. (1) An executor or administrator is not a proper party defendant in a bill for partition of the lands of the decedent. The court erred in overruling defendant Herman Nagel’s demurrer to the petition. Throckmorton v. Pence, 121 Mo. 50; Freeman, Cotenancy and Partition, sec. 471; Speer v. Speer, 14 N. J. Eq. 240; Garrison v. Cox, 99 N. C. 478; Tindal v. Drake, 51 Ala. 574; 17 Am. and Eng. Ency. Law, p. 723. (2) The petition is multifarious in this, that it unites a cause of action against defendant Rebenaek alone for the divesting of the title of an…
1Opinion of the CourtMacfarlane, J.
The object of this suit is to partition the lands of which one Agnes Beckman died seized among the tenants in common entitled thereto.
The facts, as they appear from the pleadings, are, that Agnes Beckman died testate in October, 1892, seized of the land in question. By her will she devised the entire estate to Henry Nagel. A suit to contest the will was commenced by the other heirs of deceased, which was afterward compromised and settled. Under the compromise Henry Nagel, the contestee, and sole devisee under the will, conveyed to defendant Rebenack one undivided one half of the land to be…
2Cases cited4 opinions
- Hamilton v. ArmstrongSupreme Court of Missouri · 1894
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Thompson v. HoldenSupreme Court of Missouri · 1893
- Gunn v. ThrustonSupreme Court of Missouri · 1895
3Cited by5 opinions
- Stewart v. JonesSupreme Court of Missouri · 1909
- Donaldson v. AllenSupreme Court of Missouri · 1908
- Barkhoefer v. BarkhoeferMissouri Court of Appeals · 1902
- Helmick v. KraftWest Virginia Supreme Court · 1919
- Ver Standig v. St. Louis Union Trust Co.Supreme Court of Missouri · 1936