Estate of Offutt v. Troll
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) “Cash” means ready money, placed where the owner can command it at any time. It does not include promises to pay in the future. Long v. Strauss, 107 Ind. 94; Crocker v. Crane, 21 Wend. 211; Palliser v. U. S., 136 U. S. 257; State v. Moore, 48 Neb. 870; 6 Cyc. 700. -(2) A certificate of deposit is a mere promise to pay money. It is a promissory note and not “cash.”
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Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) “Cash” means ready money, placed where the owner can command it at any time. It does not include promises to pay in the future. Long v. Strauss, 107 Ind. 94; Crocker v. Crane, 21 Wend. 211; Palliser v. U. S., 136 U. S. 257; State v. Moore, 48 Neb. 870; 6 Cyc. 700. -(2) A certificate of deposit is a mere promise to pay money. It is a promissory note and not “cash.” Curran v. Witer, 68 Wis. 16; Dietrich v. Rothenberger, 75 S. W. 271; Mereness v. First National Bank, 112 la. 11; Brummigim v. Tallent, 39 Cal. 503;…
1Opinion of the CourtReynolds, P. J.
Mrs. Offutt, a widow, by her last will, duly probated, after providing for the payment of her debts, expenses of last illness and funeral expenses, bequeathed to her mother an insurance policy she held, and to her sisters and a niece “all cash on hand and in bank at time of my death, if any, to be divided equally between them.” She devised and bequeathed to her adopted daughter, Delia Rucker, all the rest and residue of her estate, of every descrip*92tion, real, personal and mixed, including her homestead situate on Cottage avenue in St. Lords, as well as all furniture and household “effects”…
2Cited by6 opinions
- In re the Estate of FeistNew York Surrogate's Court · 1939
- In re the Estate of McKendrieNew York Surrogate's Court · 1934
- Estate of O'ConnellCalifornia Court of Appeal · 1972
- In Re Estate of MorrisCourt of Appeals of Arizona · 1971
- Shea v. ArnoldCalifornia Court of Appeal · 1972
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