Croft v. Bolton
Supreme Court of Missouri
Error to Cole Circuit Court. I. The conversion of the land into money and promissory notes, payable to the sheriff for the benefit of the husband, or the husband and wife, were choses in action which he might sell or assign for a valuable consideration. (Webb’s Appeal, 21 Penn. 249.) It seems generally admitted in the United States that a transfer for value, or release of a chose in which the wife has a present interest, will bar her survivor-ship.
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Error to Cole Circuit Court. I. The conversion of the land into money and promissory notes, payable to the sheriff for the benefit of the husband, or the husband and wife, were choses in action which he might sell or assign for a valuable consideration. (Webb’s Appeal, 21 Penn. 249.) It seems generally admitted in the United States that a transfer for value, or release of a chose in which the wife has a present interest, will bar her survivor-ship. (Hill on Trustees, 2d Amer. Ed. 598, note 1, and authorities there cited.) The sale and assignments by Daniel H. Croft of the interests of himself…
1Opinion of the CourtNapton, Judge
The question in this case is whether an assignment for value by the husband of his wife’s chose in action, will, *357under the circumstances, cut off the wife’s right by survivorship.
Mrs. Croft was the daughter of Charles Lowe, and upon the death of said Lowe, a partition of his real estate was applied for by his heirs, and upon a report of its impracticability by the commissioners, it was ordered to be sold upon the following terms: Ten per cent, of the purchase money was to be paid down, and the purchasers to have a credit of six and twelve months for the balance, giving bond and security. The…
2Cases cited1 opinion
- Wood v. SimmonsSupreme Court of Missouri · 1855
3Cited by1 opinion
- Charter Oak Life Insurance v. BrantSupreme Court of Missouri · 1871