Estate of Stambaugh v. Stambaugh
Missouri Court of Appeals
Appeal from the Circuit Court of Polk County. — Hon. C. H. Skinker, Judge. (1) The share given to the widow under section 349, R. S. 1909, now section 319, R. S. 1919, is no more “dower” than is the share given to her under section 351, R. S. 1909, now section 321, R. S. 1919. In both instances the widow is a “distributee,” not a “doweress.” If the $400 is to be deducted under one section, it certainly must be under the other.
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Appeal from the Circuit Court of Polk County. — Hon. C. H. Skinker, Judge. (1) The share given to the widow under section 349, R. S. 1909, now section 319, R. S. 1919, is no more “dower” than is the share given to her under section 351, R. S. 1909, now section 321, R. S. 1919. In both instances the widow is a “distributee,” not a “doweress.” If the $400 is to be deducted under one section, it certainly must be under the other. Howard v. Strode, 242 Mo. 210, 218, et seq. and cases cited. (2) Respondent in the probate and circuit court relied on the case of Martin v. Jones, 155 Mo. App. 490, as…
1Opinion of the CourtBradley, J.
This is an appeal from a judgment confirming and approving an order of distribution made by the probate court. The cause was tried in the circuit court on an agreed statement of facts. Orin E. Stambaugh died childless and intestate in Poke County on January 27, 1919. He left surviving his' widow, his mother and father, four brothers and five sisters. The widow, on January 31, 1919, was appointed administratrix and filed her inventory and appraisement showing personal property of the appraised value of $9910.62. On February 4, 1919, the widow filed her application for household and kitchen…
2Cases cited6 opinions
- Klocke v. KlockeSupreme Court of Missouri · 1919
- Griffith v. CanningSupreme Court of Missouri · 1873
- Brown v. Estate of TuckerMissouri Court of Appeals · 1909
- Martin v. JonesMissouri Court of Appeals · 1911
- State ex rel. Steers v. TaylorSupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rensenhouse v. CommissionerUnited States Tax Court · 1956
- Dean v. Estate of DeanSupreme Court of Missouri · 1942
- Nidy v. RiceMissouri Court of Appeals · 1931
- Estate of Wahl v. Estate of WahlMissouri Court of Appeals · 1942
- Rensenhouse v. CommissionerUnited States Tax Court · 1956
1 more not listed; retrieve them via the Exa API.