Glenn v. Gunn
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon, David Henry Eby, Judge. STATEMENT OE THE CASE. Tbe appellant is tbe widow, and respondent tbe executor of W. II. Glenn, wbo died in June, 1900. A controversy between them arose on ber application for an order on bim under sections 107 and 108, Revised Statutes 1899, to turn over to ber enumerated articles of personal property appraised at four hundred dollars.
Read the full summary
Appeal from Pike Circuit Court. — Hon, David Henry Eby, Judge. STATEMENT OE THE CASE. Tbe appellant is tbe widow, and respondent tbe executor of W. II. Glenn, wbo died in June, 1900. A controversy between them arose on ber application for an order on bim under sections 107 and 108, Revised Statutes 1899, to turn over to ber enumerated articles of personal property appraised at four hundred dollars. He resisted on tbe ground tbat tbe will of tbe deceased contains a provision for ber and ber children inconsistent with tbe relief she asks. Tbat part of tbe will is as follows: “All of my personal…
1Opinion of the CourtGoode, J.
This case has been exceedingly troublesome, on account of discrepancies among the authorities, and tbe widow’s statutory allowance under tbe administration law having been treated as part of her dower in tbe personal estate. It has been decided by this court tbat tbe widow may be deprived of tbe award by accepting tbe bequests of a will, whose provisions are inconsistent with it. Schwatken v. Daudt, 53 Mo. App. 1. Tbat is tbe only authority in this State, we believe, in which she was refused the benefit of tbe statute, although there are others which inferentially point to tbe same result…
2Cases cited34 opinions
- Morrison v. BowmanCalifornia Supreme Court · 1865
- In Re the Final Accounting of FrazerNew York Court of Appeals · 1883
- Miller v. StepperMichigan Supreme Court · 1875
- Langley v. MayhewIndiana Supreme Court · 1886
- Shipman v. KeysIndiana Supreme Court · 1891
29 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Coulter v. LydaMissouri Court of Appeals · 1903
- Thompson v. JohnstonMissouri Court of Appeals · 1913
- In Re Flynn v. KinealyMissouri Court of Appeals · 1934
- Martin v. JonesMissouri Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.