Grier v. Estate of Robbins
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The disability of married women in so far as they had the right to file claims ag’ainst estates in the probate court, for money loaned, on their own initiative, and to file suits for such purpose against an executor in their own names and on their own initiative, were removed by statutes now appearing as Secs. 1735 and 8304, R. S. 1909'. These statutes were enacted long after Sec. 191, R. S. 1909,…
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The disability of married women in so far as they had the right to file claims ag’ainst estates in the probate court, for money loaned, on their own initiative, and to file suits for such purpose against an executor in their own names and on their own initiative, were removed by statutes now appearing as Secs. 1735 and 8304, R. S. 1909'. These statutes were enacted long after Sec. 191, R. S. 1909, which is the special Statute of Limitation of demands against estates and which except married women, so long as their…
1Opinion of the CourtNortoni, J.
This suit originated in the probate court through the filing of a demand against the estate of a deceased person. It found its way by appeal to the circuit court, where the finding and judgment were for plaintiff. Prom this judgment defendant prosecutes the appeal here.
The sole question for consideration relates to the two-year limitation prescribed by the statute for the filing of demands in the probate court against an estate and the saving clause excepting the demands of married women and others under disability from the bar such statute declares.
Plaintiff is a married woman, and it…
2Cases cited3 opinions
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Linck v. VorhauerMissouri Court of Appeals · 1904