Legal Opinion

Klocke v. Klocke

Supreme Court of Missouri

Decided January 25, 1919PublishedCited by 31 opinions

Appeal from St. Louis Circuit Court. — Hon. John W. McElhivmey, Judge, (1) The plaintiff in this case as the widow of Henry Klocke, deceased, who died without any child or children or other descendants in being capable of inheriting, takes an undivided one-half of the property “belonging to her husband at the time of his death, .absolutely,” being the property described in the petition.

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Appeal from St. Louis Circuit Court. — Hon. John W. McElhivmey, Judge, (1) The plaintiff in this case as the widow of Henry Klocke, deceased, who died without any child or children or other descendants in being capable of inheriting, takes an undivided one-half of the property “belonging to her husband at the time of his death, .absolutely,” being the property described in the petition. E. S. Mo! 1909, sec. 351; Ferguson v. Gentry, 206 Mo. 190; In re'Ferguson’s Estate, 206 Mo. 203’; Spurlock v. Bennett, 183 Mo. 531; Waters v. Herboth, 178 Mo. 166; Perry v. Strawbridge, 209 Mo. 621-. (2) The…

1Opinion of the CourtBond, C. J.

The plaintiff is the widow of Henry Klocke, who died childless and intestate in October, 1913. At the time of his death said Henry Klocke was seized of a vested remainder in fee (subject to a life estate in his mother, Wilhelmina Klocke)' in forty-one acres of land devised to him under the will of his father, George Klocke, who died in 1904, after having made a will specifically devising to his four children all of his real estate, subject to a life tenure in their mother. Wilhelmina Klocke (the mother) died in March, 1914, • and • two months thereafter plaintiff brought this suit to…

2Cases cited7 opinions

  1. Perry v. StrawbridgeSupreme Court of Missouri · 1908
  2. Keeney v. McVoySupreme Court of Missouri · 1907
  3. Ellis v. KygerSupreme Court of Missouri · 1886
  4. Ferguson v. GentrySupreme Court of Missouri · 1907
  5. Crecelius v. HorstSupreme Court of Missouri · 1886

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3Cited by31 opinions

  1. Spitcaufsky v. HattenSupreme Court of Missouri · 1944
  2. Barker v. St. Louis CountySupreme Court of Missouri · 1937
  3. Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
  4. Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.Supreme Court of Oklahoma · 1945
  5. Sumners v. SumnersSupreme Court of Missouri · 1985

26 more not listed; retrieve them via the Exa API.

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