McFarland v. Baze's Administrator
Supreme Court of Missouri
Appeal from, Barry Circuit Court. This was an application by Wm. McFarland and wife originally to the county court of Barry county, (whence an appeal was taken to the Circuit Court,) for an order upon the administrator of one J. H. Baze’s estate, requiring him to pay over to plaintiff’s $225, the proceeds of the sale by said administrator of personal property belonging absolutely to the widow of defendant’s intestate, who had since intermarried with plaintiff McFarland, and…
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Appeal from, Barry Circuit Court. This was an application by Wm. McFarland and wife originally to the county court of Barry county, (whence an appeal was taken to the Circuit Court,) for an order upon the administrator of one J. H. Baze’s estate, requiring him to pay over to plaintiff’s $225, the proceeds of the sale by said administrator of personal property belonging absolutely to the widow of defendant’s intestate, who had since intermarried with plaintiff McFarland, and who joined with her husband McFarland in this suit. The bill of exceptions states that the defendant, “ after laying the…
1Opinion of the CourtLeonard, Judge
The two hundred dollars worth of a deceased husband’s personal property, which is allowed to the widow by the 80th section of the administration law, is expressly spoken of in the statute as part of her dower in his estate, and vests in her immediately upon her husband’s death, discharged of the lien of the debts. (Hastings v. Myers, 21 Mo. 519.) This property was therefore within the very words of the deed of assignment, and passed thereby to the administrator upon the trusts there declared, unless there be some other objection to the efficacy of the transfer besides the sufficiency of the…
2Cases cited2 opinions
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Henderson's Administrator v. HendersonSupreme Court of Missouri · 1855
3Cited by16 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Roberts v. HardyMissouri Court of Appeals · 1901
- Mahoney v. NevinsSupreme Court of Missouri · 1905
- Perkins v. SilvermanSupreme Court of Missouri · 1920
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