Stowe v. Stowe
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) This is not a suit to set aside the probate of the will of Asa H. Stowe, deceased, but to recover from defendants the property obtained by their unlawful act.
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Appeal from Jackson Circuit Court. (1) This is not a suit to set aside the probate of the will of Asa H. Stowe, deceased, but to recover from defendants the property obtained by their unlawful act. (2) The probate of the will after .five years becomes conclusive and can not be attacked upon any ground, but the wrongful act by which these defendants obtained the will and its probate is not barred, and they are not shielded from attack by the statute that controls the probate of the will. Kerr on Fraud and Mistake, p. 354; Aldenv. Gregory, 2 Eden’s Rep. 280'; Allfrey v. Allfrey, 1 M. & Gr. Ch.…
1Opinion of the CourtGantt, P. J.
This was a judgment for defendants upon demurrer to the petition by the circuit court of Jackson county. Plaintiff declined to plead further and appealed. The petition is as follows:
“Now comes the above named plaintiff and for second amended petition states that he is the only son of Asa H. Stowe, deceased, and was born May 13th, 1859. That plaintiff was at all times hereinafter set out, and still is, a resident of the State of Vermont. That shortly after his birth his mother died, and after the death of his mother and some time about the year 1868, his father married the defendant Fannie R.…
2Cases cited12 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Simmons v. SaulSupreme Court of the United States · 1891
- Gay v. GillilantSupreme Court of Missouri · 1887
- Creasy v. AlversonSupreme Court of Missouri · 1868
- Hughes v. BurrissSupreme Court of Missouri · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Ex Rel. Bier v. BiggerSupreme Court of Missouri · 1944
- Axe v. WilsonSupreme Court of Kansas · 1939
- Byrne v. ByrneSupreme Court of Missouri · 1921
- State ex rel. Damon v. McQuillinSupreme Court of Missouri · 1912
- Stevens v. LarwillMissouri Court of Appeals · 1904
11 more not listed; retrieve them via the Exa API.