Estate of Messersmith v. Messersmith
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Eon. B. A. Breuer, Judge. The appellant contends that the grandchildren take the place of the father, and are entitled to nothing more than the father would be were he alive; that the Legislature fixed the measure of the dower of the widow at the share of a child of her deceased husband, by Sec. 349, R. S. 1909, Hayden v. Hayden, 23 Mo. 398; Jamison v. Hays* 46 Mo. 546; Skeen v. Johnson, 65 Mo. 24; In re Estate of Elliott, 98 Mo. 383;…
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Appeal from Osage Circuit Court. — Eon. B. A. Breuer, Judge. The appellant contends that the grandchildren take the place of the father, and are entitled to nothing more than the father would be were he alive; that the Legislature fixed the measure of the dower of the widow at the share of a child of her deceased husband, by Sec. 349, R. S. 1909, Hayden v. Hayden, 23 Mo. 398; Jamison v. Hays* 46 Mo. 546; Skeen v. Johnson, 65 Mo. 24; In re Estate of Elliott, 98 Mo. 383; Barnum v. Barnum, 119 Mo. 67; Keeney v. Mc-Voy, 206 Mo. 71; In re Estate of Williams, 62 Mo. App. 350; Cyclopedia Law Die.,…
1Opinion of the Court
RAILEY, C.
Upon final settlement of the estate of William Messersmith, deceased, at the August term, 1911, of the probate court of Osage county, Missouri, there was $45,242.52 to be distributed between the widow and the five children of a deceased son by a former marriage.
There is a complete transcript, with the record of all the proceedings in the probate and circuit courts of said county. It appears from the transcript that the administratrix applied to the probate court, after her final settlement had been made and approved, for an order of distribution of the funds aforesaid. She likewise…
2Cases cited7 opinions
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Keeney v. McVoySupreme Court of Missouri · 1907
- Richardson v. ColeSupreme Court of Missouri · 1901
- Leakey v. MaupinSupreme Court of Missouri · 1847
- Smarr v. McMasterSupreme Court of Missouri · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pence v. Kansas City Laundry Service Co.Supreme Court of Missouri · 1933
- Love v. WhiteSupreme Court of Missouri · 1941
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1942
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- Odom v. LangstonSupreme Court of Missouri · 1943
8 more not listed; retrieve them via the Exa API.