Jones v. Nichols
Supreme Court of Missouri
Appeal from.Pike Circuit Court. —Eon. Edgar B. Woolfoili, Judge. (1) The will conveyed to and vested in the widow the absolute title in fee to the property described in plaintiff’s petition. Secs. 525, 537, R. S! 1909. The petition alleges, and the decree adjudges, such to he a fact. (2) The fact that the will was not probated immediately upon the death of the testator did not affect the title that was devised to the widow.
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Appeal from.Pike Circuit Court. —Eon. Edgar B. Woolfoili, Judge. (1) The will conveyed to and vested in the widow the absolute title in fee to the property described in plaintiff’s petition. Secs. 525, 537, R. S! 1909. The petition alleges, and the decree adjudges, such to he a fact. (2) The fact that the will was not probated immediately upon the death of the testator did not affect the title that was devised to the widow. The probating of a will relates back to the death of the testator, and vests title in the devisee from that time. The fact that a will under which a defendant claims title…
1Opinion of the Court
This suit in equity was instituted in the Circuit Court of Pike County to vest title in an undivided two-thirds interest in 120 acres of land in said county in the plaintiff, subject to the dower rights of Margaret Nichols, as widow of Josephus Nichols, deceased, on the theory that, as to the plaintiff, said Josephus Nichols died intestate. Margaret Nichols and Dolly Seely are defendants.
Plaintiff alleges that said Josephus Nichols died at his residence on said land January 5, 1903. That he left surviving him his widow, the defendant Margaret Nichols, and his three daughters: Susan Foutes,…
2Cases cited15 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Hardwicke v. HamiltonSupreme Court of Missouri · 1894
- Garesché v. MacDonaldSupreme Court of Missouri · 1890
- Strain v. MurphySupreme Court of Missouri · 1872
- Wilson ex rel. Grove v. WilsonSupreme Court of Missouri · 1873
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3Cited by15 opinions
- Powers v. ShoreSupreme Court of Missouri · 1952
- Lowther v. HaysSupreme Court of Missouri · 1950
- Allison v. MildredSupreme Court of Missouri · 1957
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Farmers & Merchants Bank v. FunkSupreme Court of Missouri · 1936
10 more not listed; retrieve them via the Exa API.