Legal Opinion

Otte v. Becton

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 7 opinions

Error to Morgan Circuit Court. I. If a mother has maintained her infant child without the order of the court, she will be entitled to a liberal allowance or indemnity for what she has expended, without reference to the infant’s fortune, though, if the court be applied to for prospective allowance, regard may be had to his fortune. (Bruin vs. Knott, 12 Simon, 436; see also 6 Yes. Jr., 454; 4 Turner, 118; Elliot vs. Lewis, 3 Edw. Chy., 40; 2 Sto. Eq., 1354-5 ; 5 Johns.

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1Opinion of the CourtAdams, Judge

This was an action in the nature of a bill in chancery to compel the guardian of three minor children, who are made defendants, to pay plaintiffs out of their estate, in his hands, a sum of money alleged to be due for past maintenance.

The leading facts are that John Spotts, the father of said minors, died on the 8th of June, 1863, whilst he was a soldier in the United States Army, and as such entitled to a pension. Ilis wife received the pension after his death up to 1865, when she forfeited it by marrying the plaintiff John Otte, and the children became entitled to the pension, which…

2Cases cited3 opinions

In re BostwickNew York Court of Chancery · 1819
Guion v. Guion's AdministratorSupreme Court of Missouri · 1852
Gillett v. CampSupreme Court of Missouri · 1858

3Cited by7 opinions

Folger v. HeidelSupreme Court of Missouri · 1875
Slaughter v. SlaughterMissouri Court of Appeals · 1958
State ex rel. Hermann v. MillerMissouri Court of Appeals · 1891
Williams v. ReedMissouri Court of Appeals · 1898
Fitzsimmons v. FitzsimmonsMissouri Court of Appeals · 1899

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