Harney v. Donohoe
Supreme Court of Missouri
Appeal from St. fouls City Circuit Court. — Hon. Shepard Barclay, Judge. (1) » Upon the death of Francis Donohoe his brother Terence became his heir, so far as his real estate was concerned, to the exelusion of his sister Margaret Reilly and his brother John Donohoe, ancestor of plaintiff, as they were alien§. (2) The sister Margaret and the brother John were, however, entitled to a distributive share of the personal estate of Francis.
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Appeal from St. fouls City Circuit Court. — Hon. Shepard Barclay, Judge. (1) » Upon the death of Francis Donohoe his brother Terence became his heir, so far as his real estate was concerned, to the exelusion of his sister Margaret Reilly and his brother John Donohoe, ancestor of plaintiff, as they were alien§. (2) The sister Margaret and the brother John were, however, entitled to a distributive share of the personal estate of Francis. Greenia v. Greenia, 14 Mo. 526. (3) When Terence Donohoe took out letters of administration upon the estate of Francis, he became a trustee : first, for the…
1Opinion of the CourtBlack, J.
This is a suit to compel the defendants to convey to two of the plaintiffs, one-half of a lot, 33 by 85 feet, in the city of St. Louis. The agreed statement discloses the following facts: Francis Donohoe purchased the lot from O’Fallon, in 1839, and received a.bond for a conveyance, conditioned upon the payment *143of four hundred and fifty dollars. Francis Donohoe died in September, 1842 ; at that time he had paid all the purchase price except the sum of. ten dollars. Terence Donohoe, brother of the deceased, took out letters of administration in September, 1842, and, among other property,…
2Cases cited2 opinions
- Greenia v. GreeniaSupreme Court of Missouri · 1851
- Wacker v. WackerSupreme Court of Missouri · 1858
3Cited by5 opinions
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- Stoff v. SchuetzeSupreme Court of Missouri · 1922
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- Ahrens v. MartinSupreme Court of Missouri · 1927