Legal Opinion

Byrne v. Byrne

Supreme Court of Missouri

Decided July 11, 1921PublishedCited by 26 opinions

Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huck, Judge. (1) The pendency of the suit to contest the will of Patrick Byrne, Sr., was and is sufficient to prevent the running of the Statute of Limitations against the claim of his grandchild, Alice Byrne.

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Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huck, Judge. (1) The pendency of the suit to contest the will of Patrick Byrne, Sr., was and is sufficient to prevent the running of the Statute of Limitations against the claim of his grandchild, Alice Byrne. Tapley v. McPike, 50 Mo. 592; Johnson v. Brewn, 210 S. W. 55; Jourden v. Meier, 31 Mo. 44; R. S. 1919, sec. 2005; Spratt v. Lawson, 176 Mo: 182; Snell v. Harrison, 131 Mo. 503; Hall v. French, 165 Mo. 442; Norton v. Reed, 253 Mo. 236, 161 S. W. 842; Estes v. Nell, 140 Mo. 639; De Both v. Coal Min. Co., 141 Mo. 497; Sanford v.…

1Opinion of the Court

Suit in partition in equity. Appeal from the Circuit Court of Ste. Genevieve County, to which the case was taken by change of venue from Jefferson County, where the land was located. The land belonged to Patrick Byrne, Sr., at the time of his death. He died on July 5, 1891, leaving a purported will which was admitted to probate August 8, 1891.

The respondents are the children, and the appellant, Alice Byrne, the granddaughter, the only child of his deceased son Thomas, and the parties constitute the only heirs of said Patrick Byrne, Sr. The deceased also left a widow, Rose Byrne. The…

2Cases cited18 opinions

  1. Bates v. HamiltonSupreme Court of Missouri · 1898
  2. Holloway v. HollowaySupreme Court of Missouri · 1888
  3. Gentry v. GentrySupreme Court of Missouri · 1894
  4. Hines v. HinesSupreme Court of Missouri · 1912
  5. Vaughan v. LangfordSupreme Court of South Carolina · 1908

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

3Cited by26 opinions

  1. State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
  2. Adams v. AdamsSupreme Court of Missouri · 1941
  3. Hartog v. SieglerMissouri Court of Appeals · 1981
  4. State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
  5. Prude v. LewisNew Mexico Supreme Court · 1967

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

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