Young v. Byrd
Supreme Court of Missouri
Appeal from Gape Girardeau Circuit Court.—Hon. H. C. O’Buy an, Judge. (1) By Ms declarations, acts and dealings, H. C. Kendall released the property of his wife from his marital rights, and the capital and increase thereof became and remained her separate property, and at her death descended to her heirs.
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Appeal from Gape Girardeau Circuit Court.—Hon. H. C. O’Buy an, Judge. (1) By Ms declarations, acts and dealings, H. C. Kendall released the property of his wife from his marital rights, and the capital and increase thereof became and remained her separate property, and at her death descended to her heirs. Coughlin v. By an, 43 Mo. 99; McCoy v. Hyatt, 0 Mo. 131; Welch v. Welch, 63 Mo. 59; Clark v. Clark, 86 Mo. 114; Botts v. Gooch, 97 Mo. 88; Hart v. Leete, 104 Mo. 315. The property acquired by Mrs. Kendall consisted of her distributive share in her father’s and brothers’ estates and were…
1Opinion of the CourtBarclay, J.
This appeal results from the action of the probate, and subsequently of the circuit, court of Cape Girardeau county, in sustaining exceptions to the final settlement of defendant, as administrator of the estate of Mr. Henry C. Kendall, deceased.
Mr. Kendall married Emiline Evans, November 21,1854, and died, testate, in 1877, leaving her surviving.
By his will, dated January 17, 1859, duly probated in September, 1877, he devised and bequeathed to his wife, “during her natural life, to use and enjoy as she may judge best for her own convenience, profit or emolument,” all of his property of every…
2Cases cited2 opinions
- Wager v. Providence InsuranceSupreme Court of the United States · 1893
- State ex rel. Pountain v. GraySupreme Court of Missouri · 1891
3Cited by24 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Abeles v. WurdackSupreme Court of Missouri · 1955
- Melvin v. HoffmanSupreme Court of Missouri · 1921
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