Hines v. Hines
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. F. H. Trimble, Judge. (1) Until a will is probated it is not effective to pass title. Shaffer v. Howerton, 123 Mo. 637; Dublin v. Chadbourn, 16 Mass. 433; Bacon v. Railroad, 145 HI. App. 502. (2) Probate in common form is as final ,...and conclusive after the lapse of the statutory period for contest as probate in solemn form.
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Appeal from Caldwell Circuit Court. — Hon. F. H. Trimble, Judge. (1) Until a will is probated it is not effective to pass title. Shaffer v. Howerton, 123 Mo. 637; Dublin v. Chadbourn, 16 Mass. 433; Bacon v. Railroad, 145 HI. App. 502. (2) Probate in common form is as final ,...and conclusive after the lapse of the statutory period for contest as probate in solemn form. Crippen v. Dexter, 79 Mass. 330; Wells v. Wells, 4 T. B. Monroe, 152; Duncan v. Duncan, 23 111. 324; Parker v. Parker, 65 Mass. (11 Cush.) 519. (3) Contest must be in courts where probated. Crippen v. Dexter, 79 Mass. 330; Tilt…
1Opinion of the CourtBrown, J.
Action for partition of real estate in Caldwell county, Missouri. From an interlocutory judgment of the circuit court of that county determining the interests of the parties and ordering the real estate sold, the defendants Thomas Wesley Hines, William H. Hines, Lilian Hines and Hamilton Savings Bank appeal.
The plaintiffs and defendants are the collateral heirs of one Matilda A. Higgins, who died in the State of Arkansas on February 13, 1899, seized and possessed of about 840 acres of land in Caldwell county, *491Missouri; also real and personal property in Carroll county, Arkansas.
The petition…
2Cases cited24 opinions
- McPike v. McPikeSupreme Court of Missouri · 1892
- Gould v. CrowSupreme Court of Missouri · 1874
- Keith v. KeithSupreme Court of Missouri · 1888
- Brown v. AndersonSupreme Court of Georgia · 1853
- Lucas v. TuckerIndiana Supreme Court · 1861
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Case v. SipesSupreme Court of Missouri · 1919
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Fletcher v. Superior CourtCalifornia Court of Appeal · 1926
- Cunningham v. KinnerkMissouri Court of Appeals · 1934
19 more not listed; retrieve them via the Exa API.