Applegate v. Smith
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. A will of real estate, under the statute of wills 32 Hen. VIII., is a conveyance and can not operate on real estate not owned by the testator at the time of the making thereof. The present law of Missouri does not and the statute of 1835 did not change this rule. The statute of 1807, repealed in 1835, can not be considered by the court now.
Read the full summary
Appeal from Jefferson Circuit Court. I. A will of real estate, under the statute of wills 32 Hen. VIII., is a conveyance and can not operate on real estate not owned by the testator at the time of the making thereof. The present law of Missouri does not and the statute of 1835 did not change this rule. The statute of 1807, repealed in 1835, can not be considered by the court now. The present will is different from the will in the case of Liggat v. Hart, 23 Mo. -. The will was not proved according to the law and should have been excluded. The will should have been proved in the county in which…
1Opinion of the CourtScott, Judge
The plaintiffs were the heirs at law of Thomas Applegate, who was a resident of the state of Kentucky, and died there after having made his will, by which he gave and devised to his wife Martha his whole estate, real, personal and mixed, wherever situated. After the making of this will the testator purchased the land in dispute situated in this state. The will was admitted to probate in Kentucky after it had been proved according to the laws. Our statute authorizes nonresidents, who hold lands in this state, to devise them by a will executed and proved according to the laws of this state, and…
2Cases cited1 opinion
- Liggat v. HartSupreme Court of Missouri · 1856
3Cited by6 opinions
- Cohen v. HerbertSupreme Court of Missouri · 1907
- Shackelford v. FiferSupreme Court of Missouri · 1954
- Mueller v. BuengerSupreme Court of Missouri · 1904
- Stevens v. OliverSupreme Court of Missouri · 1906
- Hale v. AudsleySupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.