In re Winnegar's Estate
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Son. George W. Wannemalcer, Judge. (1) The heirs at law of Susan Winnegar, deceased, did not inherit the land or any interest in it, and have no right whatever to the surplus fund in question, but the same belongs to said Samuel Winnegar. Poster v. Potter, 37 Mo. 534; Reid v. Mullins, 43 MO'. 306; Strawbridge v. Clark, 52 Mo. 21; Huff or d v. Gottberg, 54 Mo. 271; Moore v. Thompson, 40 Mo. App. 195; Elstroth v. Young, 78 Mo.
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Appeal from Putnam Circuit Court. — Son. George W. Wannemalcer, Judge. (1) The heirs at law of Susan Winnegar, deceased, did not inherit the land or any interest in it, and have no right whatever to the surplus fund in question, but the same belongs to said Samuel Winnegar. Poster v. Potter, 37 Mo. 534; Reid v. Mullins, 43 MO'. 306; Strawbridge v. Clark, 52 Mo. 21; Huff or d v. Gottberg, 54 Mo. 271; Moore v. Thompson, 40 Mo. App. 195; Elstroth v. Young, 78 Mo. App. 651; Same case, 83 Mo. App. 253, 94 Mo. App. 351. (2) Probate courts in Missouri have jurisdiction over all matters pertaining to…
1Opinion of the Court
BROADDUS, P. J. —
The intervenor, Samuel Winnegar, in 1868 became the owner of certain land in Linn county, Missouri, upon which he and his wife soon thereafter moved and occupied as their homestead. After a short time, intervenor left his home in the possession of his wife and went to St. Clair county, where he remained. The wife remained on the land until her death. In the meantime, the taxes on the property were not paid and it was sold to satisfy the same and one, E. D. Harvey, became the purchaser, in 1886. In 1887, said Harvey conveyed his title to Susan Winnegar by quit claim deed. The…
2Cases cited4 opinions
- Strawbridge v. ClarkSupreme Court of Missouri · 1873
- Johnson v. JonesMissouri Court of Appeals · 1891
- Reid v. MullinsSupreme Court of Missouri · 1869
- State ex rel. Jones v. JonesMissouri Court of Appeals · 1893
3Cited by2 opinions
- State Ex Rel. Enyart v. DoudMissouri Court of Appeals · 1925
- Winnegar v. CoatesMissouri Court of Appeals · 1907