Legal Opinion

Cook v. Higgins

Supreme Court of Missouri

Decided November 30, 1921PublishedCited by 31 opinions

Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) Under the will the widow took an absolute fee simple estate in all real estate owned by testator at the time of his death. . Small v. Field, 102 Mo. 104; Both v. Banschenbnsch, 173 Mo. 582; Tisdale v. Prather, 210 Mo. 402; Cornet v. Cornet, 248 Mo. 184; Lemp v. Lemp, 264 Mo. 533; Middleton v. Dudding, 183 S. W..443; Huntington Bealty Co. v. Megaree, 217 S. W. 301. ‘‘Where there is a general devise without…

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Appeal from Jasper Circuit Court. — Hon. Joseph D. Perkins, Judge. (1) Under the will the widow took an absolute fee simple estate in all real estate owned by testator at the time of his death. . Small v. Field, 102 Mo. 104; Both v. Banschenbnsch, 173 Mo. 582; Tisdale v. Prather, 210 Mo. 402; Cornet v. Cornet, 248 Mo. 184; Lemp v. Lemp, 264 Mo. 533; Middleton v. Dudding, 183 S. W..443; Huntington Bealty Co. v. Megaree, 217 S. W. 301. ‘‘Where there is a general devise without any specification of the interest devised, and an absolute power of disposal is conferred by the will, the devisee…

1Opinion of the CourtElder, J.

This is a suit in equity to set aside a deed to 150 acres of land in Jasper County, Missouri, executed by Harriett Brown, now deceased, to' William Higgins, defendant, appellant herein, and seeking to have title to said land vested in plaintiffs, respondents herein. The bill, which was not challenged, alleges in part that the deed was procured by appellant while Harriett Brown was “aged and infirm and unable to take care of herself in business transactions and unable to transact ordinary business affairs, and at a time when she was easily influenced and at a time when defendant was living…

2Cases cited31 opinions

  1. Mowry v. NormanSupreme Court of Missouri · 1907
  2. Garland v. SmithSupreme Court of Missouri · 1901
  3. Burnet v. BurnetSupreme Court of Missouri · 1912
  4. Cross v. HochSupreme Court of Missouri · 1899
  5. Weiermueller v. ScullinSupreme Court of Missouri · 1907

26 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Braley v. SpraginsSupreme Court of Alabama · 1930
  2. Patton v. SheltonSupreme Court of Missouri · 1931
  3. Blackiston v. RussellSupreme Court of Missouri · 1931
  4. Clark v. SkinnerSupreme Court of Missouri · 1934
  5. Flanagan v. DeLappSupreme Court of Missouri · 1976

26 more not listed; retrieve them via the Exa API.

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