O'Day v. O'Day
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Jas T. Ne-ville, Judge. (1) The debts of the estate must be paid primarily out of the residuary personal estate. If this prove insufficient, then the entire personal estate is liable^ — general legacies first contributing ratably and then specific legacies and, if necessary, next residuary real estate and next real estate specifically devised; for, under our statutes debts cannot be defeated by the provisions of a will.
Read the full summary
Appeal from Greene Circuit Court. — Hon. Jas T. Ne-ville, Judge. (1) The debts of the estate must be paid primarily out of the residuary personal estate. If this prove insufficient, then the entire personal estate is liable^ — general legacies first contributing ratably and then specific legacies and, if necessary, next residuary real estate and next real estate specifically devised; for, under our statutes debts cannot be defeated by the provisions of a will. Booth v. Blundell, 1 Meriv. 193; McKay v. Green, 3 Johns. Ch. 56; Livingston v. Newkirk, 3 Johns. Ch. 312; Rogers v. Rogers, 1 Paige…
1Opinion of the CourtBurgess, P. J.
— John O’Day, on the 8th day of June, 1901, executed his last will, and the plaintiffs herein were appointed therein to execute said will. This suit is for the purpose of having said will construed, and it was filed in the circuit court of Greene county, Missouri, on the--day of August, 1902, by said Sue I. B. O’Day and said E. W. Banister, and John Baldwin O’Day, Catherine O’Day and Thomas K. O'’Day, infants, and children of the marriage of deceased testator with Sue I. B. O ’Day, were made parties defendant. John O’Day and A. C. O'’Day, children by a former marriage, were also joined as…
2Cases cited5 opinions
- Briggs v. . CarrollNew York Court of Appeals · 1889
- Gannon v. AlbrightSupreme Court of Missouri · 1904
- Gelbach v. ShivelyCourt of Appeals of Maryland · 1887
- Dugan v. HollinsCourt of Appeals of Maryland · 1857
- Brant v. BrantSupreme Court of Missouri · 1867
3Cited by13 opinions
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Baker v. BakerIllinois Supreme Court · 1925
- Humphreys v. WellingSupreme Court of Missouri · 1937
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
- Kennard v. KennardCourt of Appeals of Texas · 1935
8 more not listed; retrieve them via the Exa API.