Kroge v. Modern Brotherhood of America
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. John G. Park, Judge. (1) Gustof Herzberg was a resident of the State of Kansas at the time of his death. It is a settled rule of law, not requiring at this day the citation of authorities to maintain it, that the administration of all goods of an intestate, wherever situated or found, is to be made according to the law of the land of the testator’s domicile.
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Appeal from Jackson Circuit Court. — Son. John G. Park, Judge. (1) Gustof Herzberg was a resident of the State of Kansas at the time of his death. It is a settled rule of law, not requiring at this day the citation of authorities to maintain it, that the administration of all goods of an intestate, wherever situated or found, is to be made according to the law of the land of the testator’s domicile. Spreading & Keeton v. Pipkin, 15 Mo. 183. And this defect being one which became manifest for the first time upon the trial of the cause may be taken advantage of under the general denial…
1Opinion of the CourtJohnson, J.
This is an action brought on a death benefit certificate issued by defendant to plaintiff's deceased husband. The first trial resulted in a judgment for defendant, but on the appeal of plaintiff to this court, that judgment was reversed and the cause remanded. [Herzberg v. Modern Brotherhood of America, 110 Mo. App. 328.] At the second trial, plaintiff recovered judgment for the full amount authorized by the certificate, with interest thereon, and defendant appealed.
It appears that defendant is a fraternal beneficiary association incorporated under the laws of the State of Iowa, and that a…
2Cases cited14 opinions
- Herzberg v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1905
- Poulson v. CollierMissouri Court of Appeals · 1885
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
- Baltzell v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Cates v. NickellSupreme Court of Missouri · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ordelheide v. Modern BrotherhoodSupreme Court of Missouri · 1916
- Spande v. Western Life Indemnity Co.Oregon Supreme Court · 1913
- Ordelheide v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1911
- Ragsdale v. Brotherhood of Railroad TrainmenMissouri Court of Appeals · 1934
- Umberger v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.