Wilson v. Craig
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». P. B. Flitcraft, Judge. (1) A widow is entitled to a partition after filing her election and it is not necessary that there should have been a final settlement of the estate. Plaintiff need not plead that there is sufficient other property or that the estate is closed; this is matter of defense. Rhorer v. Brockhage, 15 Mo.
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Appeal from St. Louis City Circuit Court. — No». P. B. Flitcraft, Judge. (1) A widow is entitled to a partition after filing her election and it is not necessary that there should have been a final settlement of the estate. Plaintiff need not plead that there is sufficient other property or that the estate is closed; this is matter of defense. Rhorer v. Brockhage, 15 Mo. App. 22. (2) “When the election is made under sections 4523 and 4524, as in this case, the interest vests in the widow absolutely. It is a vested and fixed interest. Matney v. Graham, 50 Mo. 564; Wigley v. Beauchamp, 51 Mo.…
1Opinion of the Court
FOX, J. J.
— This 'is an action for partition of real estate described in tbe petition. That we may fully appreciate the issues determined by the trial court, we here quote substantially the pleadings in this cause:
The amended petition alleges that on the 24th day of March, 1897, James Craig died intestate and seized of an estate of inheritance in certain real estate described in the petition, situated in the city of St. Louis, which it is agreed by the parties has been correctly described. That upon one of said parcels of ground, being lot 24 of Nicholson Place, a deed of trust to secure the…
2Cases cited6 opinions
- Messenger v. MessengerSupreme Court of Missouri · 1874
- Stegall v. StegallU.S. Circuit Court for the District of Virginia · 1825
- Hoyt v. DavisMissouri Court of Appeals · 1886
- Taylor v. CrockettSupreme Court of Missouri · 1894
- McAlister v. NovengerSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lane v. St. Louis Union Trust Co.Supreme Court of Missouri · 1947
- Heil v. Shriners' Hospital for Crippled ChildrenMissouri Court of Appeals · 1963
- Kantor v. CohnAppellate Division of the Supreme Court of the State of New York · 1918
- Estate of Heil v. HeilMissouri Court of Appeals · 2018