Legal Opinion

In re Estate of Ryan

Missouri Court of Appeals

Decided May 6, 1913PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in denying appellant an allowance out of the estate of Johanna Ryan, deceased, in lieu of provisions not on hand at the death of his mother, for his support and maintenance, during the twelve months succeeding the mother’s death.

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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The court erred in denying appellant an allowance out of the estate of Johanna Ryan, deceased, in lieu of provisions not on hand at the death of his mother, for his support and maintenance, during the twelve months succeeding the mother’s death. Johanna Ryan, deceased, was a widow within the meaning Sec. 119, R. S. 1909, and the movant is entitled to reasonable provision out of her estate for his support and maintenance during the twelve months after her death. Secs. 114, 115, 119, R. S. 1909; Lewis v. Costello, 17 Mo.…

1Opinion of the CourtNortoni, J.

This proceeding originated in the probate court and subsequently found its way by appeal to the circuit court. It involves the question of the right of a minor, under sixteen years of age, to allowances of absolute property out of the estate of its deceased mother, who at the time of her death was not a widow but rather a divorced woman, The circuit court denied the right to the allowances for the reason the mother of the minor child was not a widow at the time of her death, and the guardian and curator representing the minor prosecutes the appeal here.

*205It appears Johanna Eyan died in the city…

2Cases cited8 opinions

  1. Perry v. StrawbridgeSupreme Court of Missouri · 1908
  2. Keeney v. McVoySupreme Court of Missouri · 1907
  3. Baer v. PfaffMissouri Court of Appeals · 1891
  4. Estate of Ferguson v. GentrySupreme Court of Missouri · 1907
  5. Lewis v. CastelloMissouri Court of Appeals · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re the Estate of McArthorCalifornia Supreme Court · 1930
  2. Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
  3. Thompson v. JohnstonMissouri Court of Appeals · 1913
  4. Arbeitman v. ArbeitmanMissouri Court of Appeals · 1994
  5. Monahan v. Estate of MonahanMissouri Court of Appeals · 1936

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