Grimes v. Reynolds
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David II. Ehy, Judge. (1) A probate court has no jurisdiction to adjudicate, and allow claims of the husband, against his deceased wife’s estate, upon contracts made during coverture. Lindsay v. Archibald, 65 Mo. App. 120; Davis v. Smith, 75 Mo. 227; Boston v. Murray, 94 Mo. 181. (2) A husband contracting with his wife, has no personal cause of action against her, which would survive against her representative.
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Appeal from Pike Circuit Court. — Hon. David II. Ehy, Judge. (1) A probate court has no jurisdiction to adjudicate, and allow claims of the husband, against his deceased wife’s estate, upon contracts made during coverture. Lindsay v. Archibald, 65 Mo. App. 120; Davis v. Smith, 75 Mo. 227; Boston v. Murray, 94 Mo. 181. (2) A husband contracting with his wife, has no personal cause of action against her, which would survive against her representative. Bank v. Mc-Menamy, Adm’r, 35 Mo. App. 205; Clifton v. Anderson, 40 Mo. App. 622. (3) A married woman can not become a debtor to her husband. If…
1Opinion of the CourtBarclay, J.
This case originated in the probate court of Pike county, Missouri, by the presentment for allowance of a demand against the estate of Nancy M. Grimes, deceased. The claimant, John M. Grimes, was her husband. He is the regular administrator of her estate. In view of plaintiff’s adverse claim against the estate, Mr. Courtland Eeynolds was appointed administrator for the time, in accordance with the statute on that subject (E. S. 1899, sec. 205).
The demand is based on a promissory note for $286.60, dated, February 1, 1900, payable one day after date, without interest, to the order of plaintiff,…
2Cases cited11 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Meyer v. McCabeSupreme Court of Missouri · 1880
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3Cited by13 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- State Ex Rel. Klein v. HughesSupreme Court of Missouri · 1943
- State v. Schwartzman Service, Inc.Missouri Court of Appeals · 1931
- Hall v. GreenwellMissouri Court of Appeals · 1935
- Grimes v. ReynoldsSupreme Court of Missouri · 1904
8 more not listed; retrieve them via the Exa API.