Woods v. Drake
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The naming of plaintiff’s children was not naming and providing for plaintiff within the meaning of the statute. Gage v. Gage, 29 N. H. 533; 39 American Decisions, note at page 742. Naming two of testator’s own, children is no naming of the others.
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Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The naming of plaintiff’s children was not naming and providing for plaintiff within the meaning of the statute. Gage v. Gage, 29 N. H. 533; 39 American Decisions, note at page 742. Naming two of testator’s own, children is no naming of the others. Pounds v. Dale, 48 Mo. 270; R. S. 1889, sec. 8877; Hargadine v. Putle, 27 Mo. 423; Bradly v. Bradly, 24 Mo. 316. The will must show on its face that the testator remembered her. Weatherall v. Harris, 51 Mo. 65. And it must appear affirmatively on its face. (See above.) The naming…
1Opinion of the CourtGantt, P. J.
This is an action by Mrs. Alice Woods, the adopted daughter of Erancis Drake, late of Scotland county, Missouri, claiming to be a preter-'rnitted child and therefore entitled to a share of the estate of said Erancis Drake.
Francis Drake died testate in Scotland county, January 4, 1893. He left a widow, Mrs. Mary R. Drake, for whom he provided in his will in lieu of dower. He left no child or children save and except Mrs. Woods, the' appellant, his adopted daughter, who claims as an heir of said Drake because she was not named in his last will and testament.
It is true she was not named in so…
2Cases cited6 opinions
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Wild v. BrewerMassachusetts Supreme Judicial Court · 1797
- Beck v. MetzSupreme Court of Missouri · 1857
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3Cited by10 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
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- Gehlen v. GehlenWashington Supreme Court · 1913
- Smith v. SteenNew Mexico Supreme Court · 1915
- Lawnick v. SchultzSupreme Court of Missouri · 1930
5 more not listed; retrieve them via the Exa API.