Martin v. Jones
Missouri Court of Appeals
Appeal from Shelby Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The general principal of election rests upon the obligation imposed upon a party to choose between two inconsistent and alternate rights or claims, where there is a clear intention on the part of the person or statute creating them that the taker should not enjoy both. It is an extension of the law of equitable estoppel. Graham v. Roseburg, 47 Mo.
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Appeal from Shelby Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) The general principal of election rests upon the obligation imposed upon a party to choose between two inconsistent and alternate rights or claims, where there is a clear intention on the part of the person or statute creating them that the taker should not enjoy both. It is an extension of the law of equitable estoppel. Graham v. Roseburg, 47 Mo. Ill; Ball v. Ball, 165 Mo. 327; Fox v. Windes, 127 Mo. 512; 2 Story’s Eq. Juris. (13 Ed.), sec. 1080; 2 Herman on Estoppel and Res Adjudicata, sec. 1028, p. 1156. (2) The widow…
1Opinion of the CourtNortoni, J.
This is a proceeding for the widow’s $400 allowance out of the personal estate of her deceased husband. The finding and judgment were for plaintiff an<i defendant prosecutes the appeal.
*493The controversy originated in the probate court of Shelby county, but thereafter found its way into the circuit court by appeal. Plaintiff is the widow of William Parker Martin, decéased, who departed this life testate, without a child or other descendents in Shelby county, about 1909, and defendant is the executor of the estate of her deceased husband under appointment in the will. It appears deceased left an…
2Cases cited6 opinions
- Waters v. HerbothSupreme Court of Missouri · 1903
- Bryant v. McCuneSupreme Court of Missouri · 1872
- Glenn v. GunnMissouri Court of Appeals · 1901
- Griffith v. CanningSupreme Court of Missouri · 1873
- State ex rel. Steers v. TaylorSupreme Court of Missouri · 1880
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3Cited by7 opinions
- Jacobs v. CommissionerUnited States Tax Court · 1947
- Estate of Stambaugh v. StambaughMissouri Court of Appeals · 1921
- Nidy v. RiceMissouri Court of Appeals · 1931
- Estate of Wahl v. Estate of WahlMissouri Court of Appeals · 1942
- Finnell Estate v. HowardMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.