Duffy v. Duffy
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — lion. R. M. Hughes, Judge. (1) The indebtedness due to the father by the child is equivalent to an advancement to the child. On distribution of the father’s estate, the child’s right of inheritance, or his right as distributee, will not attach until his indebtedness be first paid. Eord v. O’Donnell, 40 Mo. App. 52. (2) The right of exemption under section 490Ó, R. S. 1889, is a specific right.
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Appeal from Montgomery Circuit Court. — lion. R. M. Hughes, Judge. (1) The indebtedness due to the father by the child is equivalent to an advancement to the child. On distribution of the father’s estate, the child’s right of inheritance, or his right as distributee, will not attach until his indebtedness be first paid. Eord v. O’Donnell, 40 Mo. App. 52. (2) The right of exemption under section 490Ó, R. S. 1889, is a specific right. If it existed at all in favor of plaintiff, it existed only in the real estate prior -to the sale. (3) The right of exemption under section 4906 in the real…
1Opinion of the CourtMarshall, J.
In December, 1892, Daniel L. Duffy died intestate, seized of the lands described in the petition, situate in Montgomery county, and leaving as 'his heirs the plaintiff and the defendants, other than the administrator named. The plaintiff was indebted to ‘his father at the time of his death in the sum of $1,010.10, and thereafter the administrator reduced this claim to judgment. ' The plaintiff was and is insolvent. The plaintiff instituted this action asking a partition of the real estate, alleged that it was not susceptible of partition in kind and asked *146that it be sold and tbe proceeds…
2Cases cited1 opinion
- Winkler v. LietmanSupreme Court of Missouri · 1899
3Cited by10 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Leach v. ArmstrongMissouri Court of Appeals · 1941
- Ayres v. KingSupreme Court of Missouri · 1902
- Johnson v. JohnsonSupreme Court of Missouri · 1944
- Old v. HeibelSupreme Court of Missouri · 1944
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