Rice v. Shipley
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) If the husband, John R. Sbipley, received the money from bis wife’s inheritance under the laws of Pennsylvania, it was impressed with -a trust and so remained in this State, and this is so irrespective of the husband’s consent. State ex rel. v. Rank, 80 Mo. 626; Story’s Eq.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) If the husband, John R. Sbipley, received the money from bis wife’s inheritance under the laws of Pennsylvania, it was impressed with -a trust and so remained in this State, and this is so irrespective of the husband’s consent. State ex rel. v. Rank, 80 Mo. 626; Story’s Eq. Juris., secs. 1379-1382; Tillman v. Tillman, 50 Mo. 40; Meyer v. McCabe, 73 Mo. 241; Grabill v. Moyer, 45 Pa. 533; Bergy’s Appeal, 60 Pa. 408. (2) At common law, the husband did not acquire ownership of the wife’s property by reducing it to possession, where it…
1Opinion of the Court
BRACE,- P. J.
In January, 1895, John R. Shipley died testate, seized of two contiguous tracts of land in Oass county, Missouri, one containing eighty and the other sixty acres, described in the petition. He had been twice married. The defendants are his second wife and widow, and her child, devisees of said real estate under the will, and the adminstrator cum testamento annexo of his estate. The plaintiffs are the heirs at law of Louise O. Shipley, the first wife of said testator, who died in November, 1887, intestate, being the children and their descendants of that marriage.
John R. and…
2Cases cited8 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Messimer v. McCraySupreme Court of Missouri · 1893
- Meyer v. McCabeSupreme Court of Missouri · 1880
- Teats v. FlandersSupreme Court of Missouri · 1893
- State ex rel. Goldsoll v. Chatham National BankSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Sutorius v. MayorSupreme Court of Missouri · 1943
- Blackiston v. RussellSupreme Court of Missouri · 1931
- Lindsay v. ShanerSupreme Court of Missouri · 1921
- Fogle v. PindellSupreme Court of Missouri · 1913
12 more not listed; retrieve them via the Exa API.