Coulter v. Lyda
Missouri Court of Appeals
Appeal from Randolph. Circuit Court. — Row. John A. Hockaday, Judge. (1) The property and money sought to he recovered in this action was the absolute property and allowance of the widow out of the husband’s estate, free from debts and free from distribution among his heirs; said property vested in the widow the moment the husband died and descended to her estate, and heirs, and did not belong to the heirs of the deceased husband.
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Appeal from Randolph. Circuit Court. — Row. John A. Hockaday, Judge. (1) The property and money sought to he recovered in this action was the absolute property and allowance of the widow out of the husband’s estate, free from debts and free from distribution among his heirs; said property vested in the widow the moment the husband died and descended to her estate, and heirs, and did not belong to the heirs of the deceased husband. Secs. 105-109, R. S. 1899; In re Klostermann, 6 Mo. App. 314; Bryant v. McCune, 49 Mo. 546; Cummins v. Cummins, 51 Mo. 262; Hastings v. Meyers, 21 Mo. 519; Eans v.…
1Opinion of the CourtSmith, P. J.
This is a controversy that originated in the probate court. The facts which gave rise to it may be stated in about this way: In 1888 George W. Saunders and Sarah McCanne were married in this State. Both parties to the marriage were somewhat ad*406vanced in years. They each had been previously married and had children by such mariages. Both of them owned considerable real and personal property. Just preceding their marriage they entered into a writen contract which was as follows:
“This agreement made and entered into this the 18th------, 1888, between George W. Saunders and Sarah A. McCanne, both…
2Cases cited9 opinions
- Naill v. MaurerCourt of Appeals of Maryland · 1866
- Mowser v. MowserSupreme Court of Missouri · 1885
- Andrews v. AndrewsSupreme Court of Connecticut · 1830
- M'Cartee v. TellerNew York Court of Chancery · 1830
- Perry v. PerrymanSupreme Court of Missouri · 1854
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3Cited by8 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Dietrich v. JonesMissouri Court of Appeals · 1932
- In Re Flynn v. KinealyMissouri Court of Appeals · 1934
- In Re Oppenheimer's EstateMontana Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.