Pitts v. Metzger
Missouri Court of Appeals
Appeal from Knox County Circuit Court.-1 — Hon. N. M. Pettingill, Judge. (1) The statute, see. 337, R. S. 1909, expressly requires that if there are advancements they shall be brought into hotchpot with the estate descended, in partition suits. In re Estate of Elliott, 98 Mo. 379; Ademan v. Manning, 44 Mo.
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Appeal from Knox County Circuit Court.-1 — Hon. N. M. Pettingill, Judge. (1) The statute, see. 337, R. S. 1909, expressly requires that if there are advancements they shall be brought into hotchpot with the estate descended, in partition suits. In re Estate of Elliott, 98 Mo. 379; Ademan v. Manning, 44 Mo. App. 4. (2) Where money is paid by a parent to a child, as in this case, by checks, it cannot be presumed that it was an advancement, and the burden is cast upon the defendants to establish that it was an advancement. That burden has not been met in this case by the defendants. Stephens v.…
1Opinion of the CourtNortoni, J.
This is a suit under our statute for the partition of certain real estate. The court decreed the partition prayed but charged the interests of plain*679tiff Mary A. Pitts, also that of her sister, Jennie M. Eistertz, with certain advancements, and plaintiff prosecutes the appeal from this judgment.
Martin Metzger died intestate, on January 9, 1914, owning two hundred and forty acres of land in Knox county. He left surviving him as his sole heirs, his daughter, the plaintiff, Mary A. Pitts, also defendants, his daughter, Jennie M. Eistertz, and his sons, Adrain R. Metzger and Frederick Metzger, and…
2Cases cited3 opinions
- Ray v. LoperSupreme Court of Missouri · 1877
- Dobbins v. HumphreysMissouri Court of Appeals · 1902
- Stephens v. ArchippaMissouri Court of Appeals · 1907