Moran v. Stewart
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. 0. A. Anthony, Judge. (1) The antenuptial contract between plaintiff and David Moran was never executed.
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Appeal from Andrew Circuit Court. — Hon. 0. A. Anthony, Judge. (1) The antenuptial contract between plaintiff and David Moran was never executed. There is an utter failure to show delivery or any intention to deliver, upon the part of either party prior to the performanee of the ceremony; and without delivery the instrument was a nullity; Huey v. Huey, 65 Mo. 689; Devlin on Deeds, sec. 262; Pierce v. Pierce, 71 N. Y. 154. (2) Plaintiff’s right, to partition, under the ruling of the lower court, depends upon the question as to whether or not the legislature has put it in the power of a man,…
1Opinion of the CourtBlack, P. J.
On the seventeenth of April, 1869, DavidMoran and his wife Catherine Moran, by deed duly executed, acknowledged and recorded, adopted the defendant Samuel Stewart as their child and heir. Catherine Moran died leaving her husband surviving. Thereafter and on the fifth of February, 1891, he and the plaintiff in this suit, were married. He died testate on the thirteenth of March, 1892,having devised the four hundred acres of land now in question to Samuel Stewart, his adopted son. On the. eighth of September, 1892, the plaintiff signed, acknowledged and recorded her election to take one-half of…
2Cases cited5 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Reinders v. KoppelmannSupreme Court of Missouri · 1878
- Reinders v. KoppelmanSupreme Court of Missouri · 1887
- Fosburgh v. RogersSupreme Court of Missouri · 1893
- Davis v. HendricksSupreme Court of Missouri · 1889
3Cited by25 opinions
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Clarkson v. HattonSupreme Court of Missouri · 1898
- Keeney v. McVoySupreme Court of Missouri · 1907
- Brock v. DormanSupreme Court of Missouri · 1936
- In re Walworth's EstateSupreme Court of Vermont · 1912
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