Stephens v. Archippa
Missouri Court of Appeals
Appeal from Saline Circuit Court.—IIon. Samuel Davis, Judge. (.1) The presumption is that a parent intends that his children shall share equally in his estate. Hence the further presumption that Avhen he gives property to one of his children in his lifetime be intends the same as an advancement to such child with which he is to be charged on final distribution of his estate. Gunn v. Thruston, 330 Mo. 3á7; McDonald v. McDonald, 86 M'o.
Read the full summary
Appeal from Saline Circuit Court.—IIon. Samuel Davis, Judge. (.1) The presumption is that a parent intends that his children shall share equally in his estate. Hence the further presumption that Avhen he gives property to one of his children in his lifetime be intends the same as an advancement to such child with which he is to be charged on final distribution of his estate. Gunn v. Thruston, 330 Mo. 3á7; McDonald v. McDonald, 86 M'o. App. 127; 1 Woerner on Administration, p. 1219, sec. 555; Tuggle v. Tuggle, 57 Ga., 521; Mitchell v. Mitchell, 8 Ala., 414; Weaver’s Appeal, 63 Pa. St. 311;…
1Opinion of the CourtJohnson, J.
The appeal in this case is prosecuted by plaintiffs from an interlocutory judgment in a partition suit in which the trial court in declaring the interests of the parties found for the defendant heir on *20the issue raised in the pleadings that her interest should be charged with an advancement.
Mary M. Stephens, an aged woman, died intestate in Saline county on or about February 2, 1905, leaving real property, the subject of the present action, of the value of one thousand dollars and personal property of the same amount. Defendant, Mary Archippa Smith, was her daughter and, as such, was entitled…
2Cited by1 opinion
- Pitts v. MetzgerMissouri Court of Appeals · 1916