Legal Opinion

Cummings v. Cummings

Supreme Court of Missouri

Decided January 15, 1873PublishedCited by 24 opinions

Error to Cass Gounty Circuit Court. Notes, bonds and bills are such personal property as the law (W. S., 88, § 35,) contemplates in giving a widow four hundred dollars out of the personal property belonging to the estate of her deceased husband. ' I. In allowing the widow to choose the additional personal property not exceeding the appraised value of $400, the statute (W. S., 88, § 35) obviously contemplates choses in possession, but not choses in action. II.

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Error to Cass Gounty Circuit Court. Notes, bonds and bills are such personal property as the law (W. S., 88, § 35,) contemplates in giving a widow four hundred dollars out of the personal property belonging to the estate of her deceased husband. ' I. In allowing the widow to choose the additional personal property not exceeding the appraised value of $400, the statute (W. S., 88, § 35) obviously contemplates choses in possession, but not choses in action. II. The terms of the statute, “ appraised value” plainly exclude choses in action not susceptible of an accurate appraisment. The intention…

1Opinion of the CourtSherwood, Judge

This was an application by Mary Cummings, widow of James Cummings, deceased, “for personal property of said estate to the amount of four hundred dollars.” On the hearing of the application by the Common Pleas Court of Cass County, (a court possessed of probate jurisdiction), it appeared in evidence that there was then of the estate of the decedent, notes, money, etc., in excess of $3,000, including the promissory note of the administrator himself, which, inclusive of interest, amounted to over the sum of §700. It was also shown by the sale bill, that the personal property had been sold for…

2Cases cited1 opinion

  1. Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855

3Cited by24 opinions

  1. Howard v. StrodeSupreme Court of Missouri · 1912
  2. Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
  3. Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
  4. Hasenritter v. HasenritterSupreme Court of Missouri · 1882
  5. Mahoney v. NevinsSupreme Court of Missouri · 1905

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