Boyer ex rel. McGee v. Dively
Supreme Court of Missouri
Appeal from Johnson Circuit Court. I. There is no cause of action stated in the petition. It is not stated, that the former executrix or the present administrator have, or ever had, anything for distribution, nor that there will be anything after the payment of debts. It does appear, that this suit was commenced within three months after the death of the testator, and before the debts could be ascertained, or any distribution had.
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Appeal from Johnson Circuit Court. I. There is no cause of action stated in the petition. It is not stated, that the former executrix or the present administrator have, or ever had, anything for distribution, nor that there will be anything after the payment of debts. It does appear, that this suit was commenced within three months after the death of the testator, and before the debts could be ascertained, or any distribution had. The petition describes no property, real or personal, nor can any judgment for money or property be had. There is no subject matter stated upon which the Court can…
1Opinion of the Court
Napton, Judge,
'delivered the opinion of the court.
This suit was brought under the 9th and 47th sections of the act concerning wills (Wagn. Stat., 1365). The plaintiffs in their petition state that the decedent William Gilliss and ICahketoqua, an Indian wowan, child and daughter of La-harsh, a chief of the Piankeshaw nation or tribe of Indians, in the life-time of said Gilliss, and in the Indian country, about the year eighteen hundred and thirty, were married as hue-*515band and wife, and for a long time thereafter cohabited and lived together as such husband and wife, that there was issue of…
2Cases cited2 opinions
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- Wall v. WilliamsSupreme Court of Alabama · 1847
3Cited by18 opinions
- Nelson v. JonesSupreme Court of Missouri · 1912
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- James v. AdamsSupreme Court of Oklahoma · 1915
- Cyr v. WalkerSupreme Court of Oklahoma · 1911
- Kapigian v. Der MinassianMassachusetts Supreme Judicial Court · 1912
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