Levins v. Stevens
Supreme Court of Missouri
Appeal from the Circuit Court of Cooper county. The only question in this case is, whether the court erred in sustaining the demurrer? To show that the court erred, the counsel for the appellants refer to the following authorities: .1 Kent.
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Appeal from the Circuit Court of Cooper county. The only question in this case is, whether the court erred in sustaining the demurrer? To show that the court erred, the counsel for the appellants refer to the following authorities: .1 Kent. Com., 461, 2, 3, 4; Digest of Laws of Mo., 1835, page 620-1; Digest of Laws of Mo. 1825, page 795-6; Geyer’s Digest, page 431. 1st. The authority of the circuit court to proceed by petition, given by the statute “Wills,” Rev. Stat. 621, section 33, is confined, to the cases where the devisees, legatees, or heirs, have actually received more than their due…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
This was a petition to the circuit court, framed under the 33d section of the act concerning Wills (Rev. C. of 1835, p. 621.) The petition sets forth that Joseph Stevens, of Cooper county, died, after having made his will, in which no mention is made of the petitioners and others, who are the children and heirs of said Stevens. The petition alleges that the legacies under the will have been in whole or in part paid. The executor, legatees, and heirs are made parties, and a contribution and distribution of the estate, according to the usages of courts of…
2Cited by6 opinions
- Breidenstein v. BertramSupreme Court of Missouri · 1906
- Smith v. SteenNew Mexico Supreme Court · 1915
- Schneider v. KoesterSupreme Court of Missouri · 1874
- Hill v. MartinSupreme Court of Missouri · 1859
- Webster v. Seattle Trust Co.Washington Supreme Court · 1893
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