Propes v. Propes
Missouri Court of Appeals
Appeal from Holt Circuit Court. — Ho». E. A. Vinson-haler, Special Judge. (1) The deed, on its face, created in plaintiff and defendant an estate by the entirety.
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Appeal from Holt Circuit Court. — Ho». E. A. Vinson-haler, Special Judge. (1) The deed, on its face, created in plaintiff and defendant an estate by the entirety. Pomeroy’s Equity Jurisprudence (2 Ed.), sec. 1376; Bispham’s Principles of Equity (5 Ed.), see. 469. Some incompetency of mind showing an incapacity at the time of executing it or some imposition practiced on the donor or testator, some confidence abused or undue influence exerted, should he shown to authorize a court to exercise the power of setting aside wills or deeds, properly executed. Moore v. Moore, 67 Mo. 198. Want of…
1Opinion of the CourtBurgess, J.
Martin Meyer, in his lifetime, was seized and possessed of about 700 acres of land in Holt county, Missouri, including the land in controversy, and he was also possessed of about $21,000 in money and personalty. He resided upon the said land and died thereon, intestate, October 4, 1886, leaving a widow, Catherine Meyer, and eight children surviving him, viz., John Meyer, George Meyer, Alexander Meyer, Amos Meyer, Mary Ann Griffith, Eliza Ritchie, Sophronia Martin and Florinda Propes, the plaintiff. The widow elected to take a child’s part in said estate. The estate was duly administered upon…
2Cases cited8 opinions
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Carson v. . CarsonSupreme Court of North Carolina · 1898
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Yancey v. RadfordSupreme Court of Virginia · 1890
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3Cited by4 opinions
- Harrison v. McReynoldsSupreme Court of Missouri · 1904
- Sharp v. StewartSupreme Court of Missouri · 1904
- Owens v. OwensCourt of Chancery of Delaware · 1958
- Owens v. OwensCourt of Chancery of Delaware · 1958