Legal Opinion

In Re Estate of Howard v. Howe

Supreme Court of Missouri

Decided September 5, 1939PublishedCited by 17 opinions

1Opinion of the CourtDouglas, J.

Upon appeal from the probate court, the Circuit Court of St. Louis County dismissed, the demand of $4,000,000 of' A. Frank Howe against the estate of Minnie Morey Howard, deceased, and claimant has appealed to this court. An incidental phase of this controversy was before us in State ex rel. Howe v. Hughes, 343 Mo. 827, 123 S. W. (2d) 105.

The primary question for decision is whether the demand is contingent or of an equitable nature so that the probate court has no jurisdiction of it.

The demand is expressly based upon an interlocutory decree of the-United States District Court for the…

2Cases cited17 opinions

  1. State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
  2. Davis v. CoburnMassachusetts Supreme Judicial Court · 1880
  3. Butler v. LawsonSupreme Court of Missouri · 1880
  4. Vincent v. RogersSupreme Court of Alabama · 1857
  5. Husted v. . ThomsonNew York Court of Appeals · 1899

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3Cited by17 opinions

  1. Mathews v. PrattSupreme Court of Missouri · 1963
  2. Kimpton v. SpellmanSupreme Court of Missouri · 1943
  3. In Re the Estate of MyersSupreme Court of Missouri · 1964
  4. In Re Franz EstateSupreme Court of Missouri · 1952
  5. Jo Ann Howard and Associates v. National City BankCourt of Appeals for the Eighth Circuit · 2017

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