Legal Opinion

Waters v. Herboth

Supreme Court of Missouri

Decided November 25, 1903PublishedCited by 15 opinions

Appeal from St. Charles Circuit Court. — Ho». E. M. Hughes, Judge; (1) The act of the Legislature approved March '2, 1895 (Laws 1895, p. 169) is in every particular constitutional and valid; and under it appellant is entitled to all that he contends for in this case.

Read the full summary

Appeal from St. Charles Circuit Court. — Ho». E. M. Hughes, Judge; (1) The act of the Legislature approved March '2, 1895 (Laws 1895, p. 169) is in every particular constitutional and valid; and under it appellant is entitled to all that he contends for in this case. O ’Brien v. Ash, 169 Mo. 283. (2) The ruling of this court in O ’Brien v. Ash, supra, concerning the sufficiency of title of said Act of 1895, is in harmony with its earlier rulings, covering a period of many years. State v. "Whittaker, 160 Mo. 59; DeBoth v. RichHill C. & M. Co., 141 Mo. 497; ■State v. Bockstruek, 136 Mo. 335;…

1Opinion of the CourtValliant, J.

Appellant was the husband of Virginia E. Herboth, who died in 1897, without ever having had a child, leaving a will purporting to dispose of all her property. When the probate court came to make a final distribution, the husband claimed one-half the estate, in spite of the will, by virtue of the act of the General Assembly entitled, “An Act to amend chapter 55 of the Revised Statutes of Missouri, 1889, entitled ‘Dower,’ by adding a new section thereto to be known as section 4518, ’ ’ approved March 2, 1895. The matter was carried by appeal to the circuit court, where the judgment was adverse…

2Cases cited1 opinion

  1. O'Brien v. AshSupreme Court of Missouri · 1902

3Cited by15 opinions

  1. Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
  2. Ferguson v. GentrySupreme Court of Missouri · 1907
  3. Nelson v. TrollMissouri Court of Appeals · 1913
  4. Thompson v. JohnstonMissouri Court of Appeals · 1913
  5. Martin v. JonesMissouri Court of Appeals · 1911

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API