Estate of Padgett v. Smith
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Son. Edwin R. McKee, Judge. When a husband invests money of the separate estate of his wife and the title is taken jointly it creates no entirety of estate in the survivor, where there is no issue of said marriage, and there is no written consent of the wife for said investment. He is a trustee for her and her heirs, and her heir is entitled to a proportionate part of the land so purchased by such an investment.
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Appeal from Scotland Circuit Court. — Son. Edwin R. McKee, Judge. When a husband invests money of the separate estate of his wife and the title is taken jointly it creates no entirety of estate in the survivor, where there is no issue of said marriage, and there is no written consent of the wife for said investment. He is a trustee for her and her heirs, and her heir is entitled to a proportionate part of the land so purchased by such an investment. Crawford v. Jones, 163 M'o. 577; Johnston v. Johnston, 173 Mo. 115; Winn v. Riley, 151 Mo. 66; McLeod v. Venable, 163 Mo. 536. STATEMENT. This…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The principal contention of plaintiff in error is that the circuit court of Schuyler county had no jurisdiction to proceed in the case wherein John C. Mills was appointed guardian, which was prosecuted to judgment against the curator in that court. With that question we are not concerned in this collateral proceeding. That case is not before this court for review. Under the state of the record before us, we are concerned only with the question of whether or not there was substantial evidence to support the finding and judgment of the trial court in removing the…
2Cases cited5 opinions
- State ex rel. Miller's Administrator v. BidlingmaierSupreme Court of Missouri · 1858
- West v. West's AdministratorSupreme Court of Missouri · 1881
- Steel v. HolladayOregon Supreme Court · 1890
- Clark v. CrosswhiteMissouri Court of Appeals · 1887
- King v. KingMissouri Court of Appeals · 1898
3Cited by9 opinions
- Davis v. RobertsMissouri Court of Appeals · 1920
- In re FordMissouri Court of Appeals · 1911
- Arrington v. McCluerSupreme Court of Missouri · 1930
- Jeffery v. SmithOregon Supreme Court · 1912
- Smith v. MountMissouri Court of Appeals · 1910
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