Thompson v. Johnston
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. (1) The claims of the widow for absolute allowance and for allowance in lieu of provisions are demands against an estate, not distributive shares. They take property out of the estate to make it the property of the widow.
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Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. (1) The claims of the widow for absolute allowance and for allowance in lieu of provisions are demands against an estate, not distributive shares. They take property out of the estate to make it the property of the widow. Under the statute they must be established by an order against the administrator and they are demands which the administrator alone, in proper instances, must resist, and the expense of such resistance is chargeable against the estate. Revised Statutes 1909, Secs. 114, 115, 116, 117, 118; Lewis v.…
1Opinion of the CourtNortoni, J.
This is an appeal by the administrator from a judgment sustaining exceptions preferred by the widow of his decedent against his final settlement.
The question for decision pertains to the right of the widow to have her absolute allowance satisfied from the estate of her husband first of the expense of administration and especially of costs and expenses accrued in litigation through which the administrator attempts to defeat her right to the statutory absolute allowance.
It appears that Charles R. Ulrici departed this life in 1898 and that the exceptor, Erika Johnston, was his widow, though she…
2Cases cited13 opinions
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Cummings v. CummingsSupreme Court of Missouri · 1873
- McFarland v. Baze's AdministratorSupreme Court of Missouri · 1857
- Waters v. HerbothSupreme Court of Missouri · 1903
- Glenn v. GunnMissouri Court of Appeals · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Phelps v. BookwalterDistrict Court, W.D. Missouri · 1962
- Nidy v. RiceMissouri Court of Appeals · 1931
- Estate of Wahl v. Estate of WahlMissouri Court of Appeals · 1942
- Fritch v. FritchMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.