Grimes v. Reynolds
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) A probate court has no jurisdiction to adjudicate and allow claims of the husband against his'deceased wife’s estate upon contracts made during coverture. Lindsay v. Archibald, 65 Mo. App. 120; Davis v. Smith, 75 Mo. 227; Boston v. Murray, 94 Mo. 181. (2) A husband.contracting with his wife has no personal cause of action against her which would survive against her representative. Bank v. McMenamy, Admr., 35 Mo.
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Transferred from St. Louis Court of Appeals. (1) A probate court has no jurisdiction to adjudicate and allow claims of the husband against his'deceased wife’s estate upon contracts made during coverture. Lindsay v. Archibald, 65 Mo. App. 120; Davis v. Smith, 75 Mo. 227; Boston v. Murray, 94 Mo. 181. (2) A husband.contracting with his wife has no personal cause of action against her which would survive against her representative. Bank v. McMenamy, Admr., 35 Mo. App. 205; Lindsay v. Archibald, supra; Clifton v. Anderson, 40 Mo. App. 622; Davis v. Smith, supra. (3) The probate court has no…
1Opinion of the CourtFox, J.
This cause was certified to this court by the St. Louis Court of Appeals in obedience to the man*683date of the Constitution, because of the conflict between the decision announced by that court and the one announced by the Kansas City Court of Appeals, in the case of Lindsay v. Archibald, 65 Mo. App. 117.
The opinion by Barclay, J., of the St. Louis Court of Appeals is as follows:
“This case originated in the probate court of Pike county, Missouri, by the presentment for allowancé of a demand against the estate of Nancy M. Crimes, deceased. The claimant, John M. Crimes, was her husband. He is the…
2Cases cited21 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Meyer v. McCabeSupreme Court of Missouri · 1880
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- State Ex Rel. Columbia National Bank v. DavisSupreme Court of Missouri · 1926
- State Ex Rel. Klein v. HughesSupreme Court of Missouri · 1943
- State v. Schwartzman Service, Inc.Missouri Court of Appeals · 1931
- Hall v. GreenwellMissouri Court of Appeals · 1935
9 more not listed; retrieve them via the Exa API.