Noe v. Noe

This is a suit by a widow, Birdie Lower Noe, to cancel the deed of her deceased husband, Clinton A. Noe, to his son, Robert E. Noe. The theory of her action and of this appeal is that (a) the deed was not delivered and therefore never became effective as a conveyance (Van Huff v. Wagner, 315 Mo. 917, 287 S.W. 1038) and (b), if it was delivered, that it was an antenuptial conveyance executed in fraud of her marital rights and should therefore be canceled. 41 C.J.S., Sec. 20 (b), p. 419; 26 Am. Jur., Sec. 185, p. 806.

[1] When the plaintiff and Mr. Noe were married, on the 8th day of March 1944,…