In re Motier's Estate
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. “The widow’s right is absolute, and vests immediately upon the death of her husband.” — Wag. Stats. 88, sects. 35-37 ; Hastings v. Meyers, 21 Mo. 519; Cummings v. Cummings, 51 Mo. 261; In re Klosterman, 6' Mo. App. 314. The balance of the proceeds of the fifty-foot lot, after paying the special debts, were assets in the hands of the executor. — Governor v. Chouteau, 1 Mo. 731; Wag.
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Appeal from St. Louis Circuit Court. “The widow’s right is absolute, and vests immediately upon the death of her husband.” — Wag. Stats. 88, sects. 35-37 ; Hastings v. Meyers, 21 Mo. 519; Cummings v. Cummings, 51 Mo. 261; In re Klosterman, 6' Mo. App. 314. The balance of the proceeds of the fifty-foot lot, after paying the special debts, were assets in the hands of the executor. — Governor v. Chouteau, 1 Mo. 731; Wag. Stats. 95, sect. 12. The heirs are estopped from objecting to the administrator taking credit for the payment of the special tax-bills. — Bird v. Governor, 2 Mo. 102. The $400…
1Opinion of the CourtLewis, P. J.
Antoine Motier died in 1870, leaving a will, in which, among other provisions, it was directed that the executor sell certain lands, and appropriate the proceeds in payment of certain sums due from the testator to his children. All the testator’s personal property was bequeathed to his widow for the term of her natural life. The entire personalty of the estate consisted of $160 in money, some household furniture, and a note upon which the executor realized $200. The money and the household furniture were retained by the widow. The executor paid her sums of *516money at different times, so that…
2Cases cited2 opinions
- Sturgeon v. SchaumburgSupreme Court of Missouri · 1867
- Aubuchon v. LorySupreme Court of Missouri · 1856
3Cited by10 opinions
- Hopkins v. ThompsonMissouri Court of Appeals · 1898
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Crooks v. HarrelsonCourt of Appeals for the Eighth Circuit · 1929
- Bryant v. GreenSupreme Court of Missouri · 1931
- Jewell v. KnettleMissouri Court of Appeals · 1890
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