Waters v. Herboth
Supreme Court of Missouri
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.
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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
- O'Brien v. AshSupreme Court of Missouri · 1902
3Cited by15 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Ferguson v. GentrySupreme Court of Missouri · 1907
- Nelson v. TrollMissouri Court of Appeals · 1913
- Thompson v. JohnstonMissouri Court of Appeals · 1913
- Martin v. JonesMissouri Court of Appeals · 1911
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