Peacock v. Smart
Supreme Court of Missouri
Error to Jackson Circuit Court. By the common law, ancestral beirs on the paternal side only could inherit. Our statute only abolishes primogeniture,' and establishes an equality of distribution without regard to sexes ; but it does not change the common law rule as to inheritable blood. Sevan v. Taylor, 7 Serg. & R. 898. Jackson v. Haines, 4 Dallas, 64, 66. 2 Binney, 285. 7 Cranch, 456, 470. 3 Halstead, 345.
1Opinion of the CourtGrAMBLE, Judge
Albert R. McCarty having inherited a lot in the town of Independence, from his father, James McCarty, died intestate and without issue, leaving neither mother, brother nor sister ; but leaving four aunts, the sisters of his father, and seven uncles and aunts, the brothers and sisters of his mother, and James Smart, the present defendant in error, his grandfather on the mother’s side. The grandfather, Smart, filed his petition for partition of the lot, claiming that he and the aunts and uncles of the deceased, on the paternal and maternal side, were each entitled to one-eleventh of the…
2Cited by1 opinion
- Thatcher v. ThatcherSupreme Court of Colorado · 1892