Marheineke v. Grothaus
Supreme Court of Missouri
Error to Franklin Circuit Court. — Hon. A. J. Seay, Judge. 1. The parents of the minor were domiciled in St. Louis county; their home was the minor’s; by no act of hers could she have acquired a different one, for she was incapable by reason of her infancy, of exercising a discretion, and absence or removal by constraint would not have changed her legal status. Forbes v. Forbes, 18 Jur. 642 ; Story Conf.
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Error to Franklin Circuit Court. — Hon. A. J. Seay, Judge. 1. The parents of the minor were domiciled in St. Louis county; their home was the minor’s; by no act of hers could she have acquired a different one, for she was incapable by reason of her infancy, of exercising a discretion, and absence or removal by constraint would not have changed her legal status. Forbes v. Forbes, 18 Jur. 642 ; Story Conf. Laws, § 46. She could have lost this domicile in but one of two ways : First, By the choice of a guardian resident of another county by the minor, she being fourteen years of age; Wag. Stat.,…
1Opinion of the CourtNapton, J.
These two cases depend o.n a single question common to both. That question is, whether Frederick Koehring, appointed guardian of Maria Marheineke by the probate court of St. Louis county, or Wm. Kelso, *206appointed curator of the estate of the infant by the probate court of Franklin county, is entitled to the property sued for. The circuit court decided that the appointment of Kelso was valid, and consequently that of Koehring invalid, and, therefore, that the former was entitled to recover the estate of the minor. The facts are undisputed. Upon the death of the father and mother of Maria, both…
2Cases cited2 opinions
- Anderson v. Estate of AndersonSupreme Court of Vermont · 1869
- Lacy v. WilliamsSupreme Court of Missouri · 1858
3Cited by10 opinions
- Cox v. BoyceSupreme Court of Missouri · 1899
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- Smith v. YoungMissouri Court of Appeals · 1909
- In re the Application for the Revocation of Letters of Administration Granted to RobitailleNew York Surrogate's Court · 1912
- De Jarnett v. HarperMissouri Court of Appeals · 1891
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