McDonald v. McDonald
Missouri Court of Appeals
Appeal from the Ray Circuit Court. — Hon. E. J. Broaddus, Judge. (1) "Where any of the children of an intestate shall have received in his lifetime any real or personal property, the law presumes it to have been an advancement, and will so tre'at it unless it affirmatively appears, by affirmative evidence that it was not intended as an advancement at the time the gift was made by the intestate.
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Appeal from the Ray Circuit Court. — Hon. E. J. Broaddus, Judge. (1) "Where any of the children of an intestate shall have received in his lifetime any real or personal property, the law presumes it to have been an advancement, and will so tre'at it unless it affirmatively appears, by affirmative evidence that it was not intended as an advancement at the time the gift was made by the intestate. R. S. 1899, secs. 2913, 2914; Gunn v. Tbruston, 130 Mo. 339 loc. cit. 345; Trust Co. v. Rudolph, 136 Mo. 169; Ray v. Loper, 65 Mo. 470; Phillips v. Phillips, 58 N. ~W. Rep. 879; Grattan v. Grattan, 185…
1Opinion of the CourtEllison, J.
This action is for partition between *125heirs. The answer brought a question of advancement to a part of the children into the case. It was tried by the court and we have only the rulings made on the testimony admitted and excluded and the judgment to inform us of the trial court’s theory. The judgment was for plaintiffs and against the advancements set up in the answer.
It appears that the father had been married three times, leaving children by his first and third marriage. That many years before his death he delivered different articles of personal property to his older children, mainly a…
2Cases cited3 opinions
- Nelson v. NelsonSupreme Court of Missouri · 1886
- Gunn v. ThrustonSupreme Court of Missouri · 1895
- St. Louis Trust Co. v. RudolphSupreme Court of Missouri · 1896
3Cited by4 opinions
- Estate of Greenwood v. GreenwoodCourt of Appeals of Kansas · 1919
- Lynch v. CulverSupreme Court of Missouri · 1914
- Gobel v. KitchenMissouri Court of Appeals · 1924
- Strode v. BeallMissouri Court of Appeals · 1904