Legal Opinion

Donaldson v. Donaldson

Supreme Court of Missouri

Decided April 8, 1913PublishedCited by 18 opinions

Appeal from Clay Circuit Court. — Row. Francis H. Trimble, Judge. (1) The marriage contracts were both, void for inadequacy of consideration, and because on their faces they only provided for her during his life. For the latter reason they were void as against public policy.

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Appeal from Clay Circuit Court. — Row. Francis H. Trimble, Judge. (1) The marriage contracts were both, void for inadequacy of consideration, and because on their faces they only provided for her during his life. For the latter reason they were void as against public policy. Moran v. Stewart, 173 Mo. 207; Mowser v. Mowser, 87 Mo. 437. (2) In view of the relationship of the parties, the undue influence, want of adequate consideration, and the circumstances surrounding the pretended execution and delivery of the deed, want of advice or counsel on the part of the wife, the fact that a will had…

1Opinion of the CourtLamm, C. J.

Plaintiff, now the wiáow of, twice married to and once divorced from, Robert IT. Don-, aldson, sued in two counts — one in equity, one at law. Defendants are the children of said Robert by a former marriage. Pull of years, to-wit, three score and seyen, he died testate in Clay county in September, 1906, but his will disposed of personalty, hence its terms, undisclosed, seem immaterial.

The object of the first count was to set aside two marriage .contracts between her and Robert, because of■ inadequacy of provision and fraud, and to avoid a certain conveyance of all his real estate made, during…

2Cases cited7 opinions

  1. Rice v. WaddillSupreme Court of Missouri · 1902
  2. Davis v. DavisSupreme Court of Missouri · 1838
  3. Stone v. StoneSupreme Court of Missouri · 1853
  4. Newton v. NewtonSupreme Court of Missouri · 1901
  5. Hach v. RollinsSupreme Court of Missouri · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Jones v. McGonigleSupreme Court of Missouri · 1931
  2. Ward v. Penn Mutual Life Insurance CompanyMissouri Court of Appeals · 1961
  3. Blackiston v. RussellSupreme Court of Missouri · 1931
  4. Watson v. WatsonSupreme Court of Kansas · 1919
  5. Mathis v. CraneSupreme Court of Missouri · 1950

13 more not listed; retrieve them via the Exa API.

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