Legal Opinion
Berkmeir v. Peters
Missouri Court of Appeals
Decided April 4, 1905PublishedCited by 2 opinions
Appeal from St. Charles Circuit, Court. — Eon. Elliott M. Hughes, Judge. Respondent is clearly entitled to her proportionate share of the legacy bequeathed to her under the seventh clause of her father’s will. Section 240, page 175, Revised Statutes . 1899. The doctrine of bringing advancements into hotchpot applies only in cases of intestacy. Section 2913, page 740, Revised .Statutes 1899; Turpin v. Turpin, 88 Mq. 340.
1Opinion of the CourtBland, P. J.
William Peters died testate in the county of St. Charles, Missouri. The respondent is the executor of his last will. The seventh clause of the will is as follows:
“All the rest, residue and remainder of my estate of every kind and nature and description, both real and personal and mixed, I give, devise and bequeath in equal parts, share and share alike, to my remaining seven children, to-wit: Henry Peters, Edward Peters, Annie Barnhop, Mollie Berkmeir, Katie Kessler, Clara Painter and Lizzie Painter.”
Prior to the commencement of this proceeding, the executor, out of the estate, made the…
2Cited by2 opinions
- Peters v. BerkemeierMissouri Court of Appeals · 1908
- Hohenstreet v. SegelhorstSupreme Court of Missouri · 1920