Lackland v. Stevenson
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. It devolved upon the defendant to show a will conveying real estate to the wife duly probated, and that one year had elapsed since the completion of the probate thereof. (W. S., 541, §§ 15, 16.) The will offered in evidence was not proved or probated, as required by law. (W. S., 1366, §§ 13, 15.) Neither clerk nor court passed judgment upon the will; and it was not admissible in evidence.
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Appeal from St. Charles Circuit Court. I. It devolved upon the defendant to show a will conveying real estate to the wife duly probated, and that one year had elapsed since the completion of the probate thereof. (W. S., 541, §§ 15, 16.) The will offered in evidence was not proved or probated, as required by law. (W. S., 1366, §§ 13, 15.) Neither clerk nor court passed judgment upon the will; and it was not admissible in evidence. (W. S., 1367, § 26; Charlton vs. Brown, 49 Mo., 353 ; Creasy vs. A1 verson, 43 Mo., 13; Milan, Adm’r vs. Pemberton, Adm’r, 12 Mo., 598.) II. The widow must file her…
1Opinion of the CourtNapton, Judge
This is a suit for dower. The plaintiff was the widow of John W. Nelson, who died in 1860, and died seized of certain lands in the county of St. Charles. She claims in her petition, that no dower has been assigned to her, and that she is entitled to one-third for life in said real estate.
The defendant for answer, after admitting death and seizure, ésa., sets up; that said Nelson made a will, which was duly proven and probated and recorded, and letters testamentary granted theron; that by said will the testator left his widow seven slaves and other personal property and also all his lands, and…
2Cited by6 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Smoot v. JuddSupreme Court of Missouri · 1904
- Dougherty v. BarnesSupreme Court of Missouri · 1876
- Farris v. BurchardSupreme Court of Missouri · 1912
- In re the Establishment of Forsyth BoulevardSupreme Court of Missouri · 1895
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