Farris v. Burchard
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Eon. R. 8. Ryors, Judge. (1) A will is a muniment of title only if duly pro-' bated; and tbe probate of a will is a judicial act, which can be shown only by the record of the court.
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Appeal from Gasconade Circuit Court. — Eon. R. 8. Ryors, Judge. (1) A will is a muniment of title only if duly pro-' bated; and tbe probate of a will is a judicial act, which can be shown only by the record of the court. Creasy v. Alverson, 43 Mo. 13; Smith v. Estes, 72 Mo. 310; Sniffer v. Howerton, 124 Mo. 637; Stowe v. Stowe, 140 Mo. 594; Cohen v. Herbert, 205 Mo. 537. (2) Probate courts, under our laws, have original jurisdiction of the probating of wills; and there is no probate of a will unless there has been a judicial pronouncement by the probate court establishing a will as legally…
1Opinion of the CourtValliant, J.
This is a suit under section 650, Eevised Statutes 1899, to quiet title to the north half of the northwest quarter of section 8, township 41 north, range 5 west, in Gasconade county. Plaintiffs in their petition claim to he the owners of a remainder in fee of an undivided one-fourth of the land mentioned, subject to a life estate in their mother in that one-fourth, and they say that the defendant Burchard is the owner in fee of the other three-fourths. Thurman N. Matthews, brother to the other plaintiffs, was first made a party defendant, but on his motion was made a party plaintiff.
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2Cases cited4 opinions
- Creasy v. AlversonSupreme Court of Missouri · 1868
- Rothwell v. JamisonSupreme Court of Missouri · 1899
- Lackland v. StevensonSupreme Court of Missouri · 1873
- Smith v. EstesSupreme Court of Missouri · 1880
3Cited by6 opinions
- State Ex Rel. Callahan v. HessSupreme Court of Missouri · 1941
- State ex rel. Dunklin County v. BlakemoreSupreme Court of Missouri · 1918
- Callahan v. HuhlmanSupreme Court of Missouri · 1936
- McKay v. SniderSupreme Court of Missouri · 1945
- Buchholz v. CunninghamSupreme Court of Missouri · 1937
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