Wattenbarger v. Payne
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Ron. John P. Butter, Judge. Under the Statute of Wills, section 546, Revised Statutes 1909, appellant’s ward takes the estate devised to her father, directly from her grandfather under the will.
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Appeal from Sullivan Circuit Court. — Ron. John P. Butter, Judge. Under the Statute of Wills, section 546, Revised Statutes 1909, appellant’s ward takes the estate devised to her father, directly from her grandfather under the will. Heady v. Crouse, 203 Mo. 100'. The surviving issue takes the estate devised not as heirs at law or distributees of the deceased devisee, but as legatees directly and immediately, under and by virtue of the will, and is not chargeable with the debts due the testator by their father, not mentioned in the will. Carson v. Carson, 1 Met. 58 (Ky.) 300; Sloan v.…
1Opinion of the CourtEllison, J.
Addison Payne liad several children and he made a will wherein legacies were directed to be paid to each. One of these children died indebted to his father, leaving Ruth (the plaintiff’s ward), a granddaughter of Addison, as his sole heir. Then, shortly afterward, Addison died, and plaintiff, as guardian for the granddaughter, in due time filed a motion in the probate court asking that the grandfather’s executor be required to pay to her the legacy willed to her father. The executor resisted on the ground that Ruth’s father died insolvent and indebted to his father in a sum greater than the…
2Cases cited11 opinions
- Powers v. MorrisonTexas Supreme Court · 1895
- Barnum v. BarnumSupreme Court of Missouri · 1893
- Succession of MorganSupreme Court of Louisiana · 1871
- Thompson v. MyersCourt of Appeals of Kentucky · 1894
- Jones v. Jones'Supreme Court of Alabama · 1861
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3Cited by7 opinions
- In Re Estate of MikkelsenSupreme Court of Iowa · 1926
- Snow v. FerrilSupreme Court of Missouri · 1928
- Spurr v. SpurrSupreme Court of Missouri · 1920
- Estate of PewCalifornia Court of Appeal · 1935
- Callery's EstateSupreme Court of Pennsylvania · 1938
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