O'Brien v. Ash
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. S. P. Spencer, Judge. (1) If the amendment in question is valid, it either relates to and is alternative to curtesy or creates a new right independent of curtesy as an existing right. If the first,, then O’Brien can not maintain this suit, because he had no curtesy in his wife’s estate.
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Appeal from St. Louis City Circuit Court. — Hon. S. P. Spencer, Judge. (1) If the amendment in question is valid, it either relates to and is alternative to curtesy or creates a new right independent of curtesy as an existing right. If the first,, then O’Brien can not maintain this suit, because he had no curtesy in his wife’s estate. If the second, he has no interest in the_ land, because it was devised to the appellant Ash by the will of his wife, to devise which she had an absolute right. Sec. 4603, R. S. 1899; sec. 869, R. S. 1889. (2) Section 4518a, Revised Statutes 1889 (now sec. 2938,…
1Opinion of the CourtEobinson, J.
— This is a proceeding in -equity for partition of certain real estate in the city of St. Louis, ■claimed by defendants under the will of plaintiff’s deceased wife.
The petition alleges that the plaintiff was married to Mary Byrnes on April 22, 1896; that she died on January '9, 1898, testate, but without any child or other descendants in being capable of inheriting; that at the time of plaintiff’s marriage with his wife, she was the widow of Charles Byrnes deceased, and that no issue was born of said marriage with said Charles Byrnes or,the subsequent marriage with plaintiff; that by the will…
2Cases cited2 opinions
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