Landis v. Hawkins
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. William T. Ragland, Judge. ■ . (1) Upon careful reading of the statute it will be seen that there is nowhere any authority given or validity attached to a declaration of an election until after letters testamentary or administration are granted.
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Appeal from Monroe Circuit Court. — Hon. William T. Ragland, Judge. ■ . (1) Upon careful reading of the statute it will be seen that there is nowhere any authority given or validity attached to a declaration of an election until after letters testamentary or administration are granted. In the first clause referring to the time when such elections shall he filed in the office of the clerk of the court in which letters are granted, it is stated in this form, “in which letters testamentary shall have been granted,” showing clearly that it was the legislative intent that no such declaration…
1Opinion of the CourtHigbee, P. J.
This is an action for partition. Tbe petition, filed October 23, 1918, states in substance that John M. Hawkins died June 17, 1917, intestate and without issue, seized in fee of 41 acres m Monroe County, leaving bis widow, Willie A. Hawkins, and seven brothers and sisters surviving him as bis only heirs; that tbe widow, on July 12, 1917, duly executed and filed in tbe Eecorder’s office ber election to take one-half of all tbe real and personal estate of ber deceased husband, according to tbe provisions of Section 351, Eevised Statutes 1909, and thereafter, on October 8, 1917, she conveyed all…
2Cases cited3 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- Grubbs v. ConesSupreme Court of Missouri · 1874
- State v. PieskiSupreme Court of Missouri · 1913
3Cited by8 opinions
- Colvin v. HutchisonSupreme Court of Missouri · 1936
- Ferguson v. LongSupreme Court of Missouri · 1937
- O'Brien v. Sedalia Trust Co.Supreme Court of Missouri · 1928
- St. Louis Law Printing Co. v. AufderheideMissouri Court of Appeals · 1932
- First Natl. Bk. of Kansas City v. SchaakeMissouri Court of Appeals · 1947
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