Henderson v. Henderson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. E. E. Por-terfield, Judge. (1) Allowance to widow by probate court and af-firmance thereof on appeal to circuit court were not res adjudicada on question of validity of marriage. Probate court has no equitable powers. Church y. McEl-hinney, 61 Mo. 543; Butler y. Lawson, 72 Mo. 227; Church y. Robertson, 71 Mb. 326; Conley y. Truitt, 63 Mo. App. 356; Johnson y. Jones, 47 Mo. App. 237; Burkhardt y.
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Appeal from Jackson Circuit Court. — Eon. E. E. Por-terfield, Judge. (1) Allowance to widow by probate court and af-firmance thereof on appeal to circuit court were not res adjudicada on question of validity of marriage. Probate court has no equitable powers. Church y. McEl-hinney, 61 Mo. 543; Butler y. Lawson, 72 Mo. 227; Church y. Robertson, 71 Mb. 326; Conley y. Truitt, 63 Mo. App. 356; Johnson y. Jones, 47 Mo. App. 237; Burkhardt y. Helfrich, 77 Mo. 376 ; Ivie v. Ewing, 120 Mo. 523; Railroad y. Lowder, 138 Mo. 523; St. Louis y. Hollnah, 175 Mo. 85; In re Glover & Shepley, 127 Mo. 153;…
1Opinion of the CourtBroaddus, P. J.
This is a suit to annul the marriage of the defendant Helen Henderson to E. L. Henderson, deceased, by his brothers and sisters, he having had no descendants. John P. Tillhof, the executor, and The Corn Belt Bank are, also made defendants. The marriage was consummated August 10, 1906, at Hot Springs, Arkansas.
The grounds upon which it is sought to annul the marriage are, that the deceased was mentally incapable of contracting marriage and that it was brought about by the artful devices of the said Helen. The bank is made a party to the proceedings for the reason that it is a depository of…
2Cited by10 opinions
- Miller v. MillerSupreme Court of Oklahoma · 1998
- Henderson v. RessorSupreme Court of Missouri · 1915
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Estate of Guthery v. WetzelMissouri Court of Appeals · 1920
- Kruse v. KruseMissouri Court of Appeals · 1935
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