Fitzpatrick v. Weber
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) The owner of property, mentally capable and of his own will and act as an incident to ownership, may exercise absolute dominion in the disposition of such property. He may give it away to charity or to strangers, to the exclusion of relatives or he may prefer one relative to another of equal grade and no one, except creditors, can question the transaction.
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Appeal from Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) The owner of property, mentally capable and of his own will and act as an incident to ownership, may exercise absolute dominion in the disposition of such property. He may give it away to charity or to strangers, to the exclusion of relatives or he may prefer one relative to another of equal grade and no one, except creditors, can question the transaction. To destroy this right of absolute dominion, the petition in this case avers two grounds: first, that at the time the conveyances were made, Elizabeth Fitzpatrick was…
1Opinion of the CourtMarshall, J.
— This is a bill in equity to set aside a deed from Elizabeth Fitzpatrick to her daughter, Elizabeth A. Weber, dated January 23, 1896, conveying the south half of lots 22 and 23 of block 62, Smith’s addition, to St. Joseph. A similar suit by the plaintiffs against Matthew Fitzpatrick, *566is pending, to set aside a deed from liis mother to him, of the same date, conveying the north half of the said lota. The two suits were tried together, and the decision on appeal in this case, by agreement, is to settle the other case also-.
Elizabeth Fitzpatrick owned the said lots and lived thereon for many…
2Cases cited2 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Lins v. LenhardtSupreme Court of Missouri · 1895
3Cited by11 opinions
- Schock v. FishSupreme Court of Oklahoma · 1914
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Pitts v. PittsSupreme Court of Missouri · 1907
- Maryland Casualty Co. v. DobbinMissouri Court of Appeals · 1937
- Fruin v. O'MalleySupreme Court of Missouri · 1912
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