State Ex Rel. Citizens Bank v. Allen
Supreme Court of Missouri
Certiorari. (1) The will was not invalid or the bequest of stock to testator’s wife (who would take a distributive share in the event testator died intestate) was not a nullity because of the fact that there were pretermitted heirs, and the respondents, in holding that the bequest of said stock to the widow was ineffective and a nullity, have failed to follow the law announced in the latest controlling decisions of the Supreme Court on this question.
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Certiorari. (1) The will was not invalid or the bequest of stock to testator’s wife (who would take a distributive share in the event testator died intestate) was not a nullity because of the fact that there were pretermitted heirs, and the respondents, in holding that the bequest of said stock to the widow was ineffective and a nullity, have failed to follow the law announced in the latest controlling decisions of the Supreme Court on this question. Hill v. Martin, 28 Mo. 78, 81; Schneider v. Koesiter, 54 Mo. 500. (2) The executrix, under the statute (Sec. 207, R. S. 1919) and the law, was…
1Opinion of the CourtGraves, J.
Certiorari to St. Louis Court of Appeals. Relator is- a banking corporation at Warrenton, Missouri. Taking the opinion of the Court of Appeals for the evidenciary facts, it would appear that one Theodore Koelling died in Warren County in April, 1913, owning* at the time some nineteen shares of stock in relator bank. Koelling left a will, but in it did not mention his three children. His wife was the sole beneficiary under his will. There were three cases, each having for a plaintiff one of the pretermitted children. They were consolidated and heard as one. As we get the facts from the Court…
2Cases cited5 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- McCracken v. McCrackenSupreme Court of Missouri · 1878
- Burch v. BrownSupreme Court of Missouri · 1870
3Cited by2 opinions
- Lawnick v. SchultzSupreme Court of Missouri · 1930
- Gibson Ex Rel. Doerner v. JohnsonSupreme Court of Missouri · 1932