Blank v. Nohl
Supreme Court of Missouri
Appeal from St. Louis City Circuit Conrt. — Hon. J. E. Withbow, Judge. (1) While it is true that the agreement provides; that the amount tobe paid to appellant “cannot at any time or under any circumstances be compounded or' commuted for a fixed sumas other annuities are,” yet, as a person must contract with regard to his possible death and the administration of his estate, such agreements, so far as they seek to restrict the legislative enactments, have been held to be of…
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Appeal from St. Louis City Circuit Conrt. — Hon. J. E. Withbow, Judge. (1) While it is true that the agreement provides; that the amount tobe paid to appellant “cannot at any time or under any circumstances be compounded or' commuted for a fixed sumas other annuities are,” yet, as a person must contract with regard to his possible death and the administration of his estate, such agreements, so far as they seek to restrict the legislative enactments, have been held to be of no binding force. Revised Statutes, 1889, see. 203; Schmeiding v. Doellner, 13 Mo. App.- 228. (2) The consideration named…
1Opinion of the CourtBlack, J.
This was a proceeding commenced in the St. Louis probate court by Helena Blank against Francis Nohl as administrator of the estate of Oscar Blank, to obtain the allowance of a demand amounting to over $9,000. The demand is founded upon the following contract, signed by Helena Blank and by Oscar Blank, dated the ninth of March, 1880:
*164“Helena Blank, Plaintiff,
v.
“Oscár Blank, Defendant.
In the Circuit Court of the City of St. Louis, Number 52,206.
“The above cause having been heard by the court upon the pleadings and proofs in the cause and a decree of divorce granted to defendant and against…
2Cases cited5 opinions
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Muckenburg v. HollerIndiana Supreme Court · 1867
- Stoutenburg v. LybrandOhio Supreme Court · 1862
- Phillips v. ThorpOregon Supreme Court · 1883
- Viser v. BertrandSupreme Court of Arkansas · 1853
3Cited by25 opinions
- Mills v. MillsSupreme Court of Connecticut · 1935
- Jones v. JonesSupreme Court of Missouri · 1930
- Palmer v. PalmerUtah Supreme Court · 1903
- Kansas City Operating Corp. v. DurwoodCourt of Appeals for the Eighth Circuit · 1960
- Louisville N. R. Co. v. StephensCourt of Appeals of Kentucky (pre-1976) · 1944
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