Ball v. Ball
Supreme Court of Missouri
Xppeal from Morgan Circuit Court. — Eon. Dorsey W. Shackleford, Judge. (1) The will of Addison T. Ball gave his widow Orinda I. Ball, “such portion as she would be entitled to under the statute of descent and distribution now (then) in force in this State.” She took under the will. She pleads the will in her answer, and claims to hold under and by virtue of its provisions.
Read the full summary
Xppeal from Morgan Circuit Court. — Eon. Dorsey W. Shackleford, Judge. (1) The will of Addison T. Ball gave his widow Orinda I. Ball, “such portion as she would be entitled to under the statute of descent and distribution now (then) in force in this State.” She took under the will. She pleads the will in her answer, and claims to hold under and by virtue of its provisions. Davidson v. Davis, 86 Mo. 440. (2) The widow, having taken under the will, can not take also under the homestead law. (a) The homestead law in force in 1874, not exempting the rights of the widow from the operation of the…
1Opinion of the CourtBurgess, J.
Addison T. Ball died testate in February, 1871, leaving his widow, Orinda I. Ball, and his children, his only heirs at law, Issa and Minnie Ball, plaintiffs, and Dollie, Emmett and William L. Ball, defendants surviving him. His will whs as follows:
“Eirst. My will is that my wife have the entire control and management of my estate both real and personal for the uses and purposes hereinafter mentioned so long as she remain my widow.
“1st. Eor the payment of all my just debts and 2d for the necessary and proper support of herself and necessary and proper support and education of my children…
2Cases cited4 opinions
- Meech v. Estate of MeechSupreme Court of Vermont · 1865
- Schorr v. EtlingSupreme Court of Missouri · 1894
- Bryan v. RhoadesSupreme Court of Missouri · 1888
- Clark v. PhillipsSupreme Court of Missouri · 1889
3Cited by10 opinions
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Regan v. EnsleySupreme Court of Missouri · 1920
- Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
- Miller v. Fidelity Bankers Trust Co.Tennessee Supreme Court · 1932
- In Re Dunlap's EstateOregon Supreme Court · 1939
5 more not listed; retrieve them via the Exa API.