Nebel v. Bockhorst
Missouri Court of Appeals
Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) All estates, whether by devise or by bequest, are considered vested rather than eonting’ent. The $1,000 legacy bequeathed to Eliza Sattmann under the fifth paragraph of the last will of Sophie Sattmann was an absolute gift which became vested in the said Eliza on death of the testatrix.- Lich v. Lich, 158 Mo.
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Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) All estates, whether by devise or by bequest, are considered vested rather than eonting’ent. The $1,000 legacy bequeathed to Eliza Sattmann under the fifth paragraph of the last will of Sophie Sattmann was an absolute gift which became vested in the said Eliza on death of the testatrix.- Lich v. Lich, 158 Mo. App. 418; Collier’s Will, 40 Mo. 287. (2) And the testatrix dying without leaving any personal property to pay the said legacy, it is presumed that the testatrix intended to and did charge her real estate with the…
1Opinion of the CourtAllen, J.
— This action was instituted in the circuit court of Warren county by plaintiff, public admin*501istrator of said county, in charge of the estate of Eliza Sattmann, deceased. The.defendants are the public administrator of Montgomery county, in charge of the estate of Henry Sattmann, deceased, and the devisees under the will of said Henry Sattmann.
The petition avers that one Sophia Sattmann died .in Warren county, Missouri, in 1878, leaving a last will and testament written in the German language, which was duly admitted to probate in said county in the year 1879. The will, translated into…
2Cases cited7 opinions
- Titterington v. HookerSupreme Court of Missouri · 1875
- Scott v. RoystonSupreme Court of Missouri · 1909
- Matson v. PearsonMissouri Court of Appeals · 1906
- Lemp Brewing Co. v. SteckmanMissouri Court of Appeals · 1914
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
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3Cited by3 opinions
- American National Bank v. KerleyOregon Supreme Court · 1923
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Bank of Seneca v. MorrisonMissouri Court of Appeals · 1918