Webb v. Archibald
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. (1) William Winkler has a common law marital interest in the land affected by the decree and may,- by possibility have a curtesy in it. His rights should have been affirmatively adjudicated by the court.
Read the full summary
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. (1) William Winkler has a common law marital interest in the land affected by the decree and may,- by possibility have a curtesy in it. His rights should have been affirmatively adjudicated by the court. Dyer v. Wittier, 89 Mo. 87; Flesh v. Lindsay, 115 Mo. 1. (2) The deed ‘‘offered” should have been put in' evidence and incorporated in the bill of exceptions, showing that Margaret Lindsay had acquired the land affected by the decree since the execution of her will. Respondents do not contend that She thus acquired the land…
1Opinion of the Court
Brace, C. J. —
This is a suit instituted by Mrs. Webb, one of the devisees and heirs at law of Mrs. Margaret Lindsay, deceased, and her husband, against the administrator and the other devisees and heirs at law of the said deceased, to obtain a construction of the last will and testament of said deceased, which, omitting the formal parts, is as follows:
“I give and bequeath to my beloved daughter, Kate Webb, the sum of thirty-seven hundred and fifty dollars to her sole and separate use, and in order to secure the same to her sole and separate use, from the control of her present or any future…
2Cases cited2 opinions
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Liggat v. HartSupreme Court of Missouri · 1856
3Cited by6 opinions
- Overton v. OvertonSupreme Court of Missouri · 1895
- Neibling v. Methodist Orphans' Home Ass'nSupreme Court of Missouri · 1926
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
- Coon v. CoonIndiana Supreme Court · 1918
- Shackelford v. FiferSupreme Court of Missouri · 1954
1 more not listed; retrieve them via the Exa API.