Hockensmith v. Slusher
Supreme Court of Missouri
jError to Clay Circuit Court. This was a suit for partition of real estate that had formerly belonged to Christopher Slusher, deceased. The plaintiffs are William H. Hoekensmith and Susannah Hoekensmith his wife, a daughter of said Slusher.
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jError to Clay Circuit Court. This was a suit for partition of real estate that had formerly belonged to Christopher Slusher, deceased. The plaintiffs are William H. Hoekensmith and Susannah Hoekensmith his wife, a daughter of said Slusher. Plaintiffs asserted an interest in said real estate on the ground that said Slusher had died intestate as to said Susannah Hoekensmith, not having named or provided for her in a will executed by him and by which the lands in controversy were devised. The court found the facts as follows : “ That Christopher Slusher by his last will and testament read in…
1Opinion of the CourtRichardson, Judge
The main inquiry in this case is, whether Christopher Slusher died intestate as to his daughter Mrs. Hockensmith, which will be determined by the solution of the proposition., whether a bequest to a son-in-law is a naming or providing for the daughter within the meaning of the eleventh section of the act concerning wills. (R. C. 1845, p. 1080.) The Roman law prohibited a parent from disinheriting his own issue ; but our law permits a father under no legal disability to devise all of his estate as he may see fit, saving to the widow her dower; (sec. 1;) and it is made the duty of all courts…
2Cases cited7 opinions
- Church v. CrockerMassachusetts Supreme Judicial Court · 1807
- Guitar v. GordonSupreme Court of Missouri · 1853
- Barber v. Taylor's HeirsCourt of Appeals of Kentucky · 1839
- Terry v. FosterMassachusetts Supreme Judicial Court · 1804
- Wild v. BrewerMassachusetts Supreme Judicial Court · 1797
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3Cited by28 opinions
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- Gerrish v. GerrishOregon Supreme Court · 1880
- Bower v. BowerWashington Supreme Court · 1892
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
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