Hockensmith's Legatees v. Hockensmith's
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. Jno. A.* Hockaday, Judge. (1) The trial court' erred in finding Grussie Y. Hoekensmith entitled, as distributee, to the $550 as property received from her by her husband, Joseph Hoekensmith. At common law, marriage vested in the husband the personal property of the wife then owned or thereafter acquired by her and of which he obtained possession.
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Appeal from the Howard Circuit Court. — Hon. Jno. A.* Hockaday, Judge. (1) The trial court' erred in finding Grussie Y. Hoekensmith entitled, as distributee, to the $550 as property received from her by her husband, Joseph Hoekensmith. At common law, marriage vested in the husband the personal property of the wife then owned or thereafter acquired by her and of which he obtained possession. White v. Clashy, 101 Mo. 162. Since the act of March 25, 1875, new' section 6869, Revised Statutes, 1889, in cases where the marriage occurred since said act, the husband cannot reduce the personal…
1Opinion of the CourtGill, J.
— Respondent’s counsel thus fairly states the nature of this controversy: This is an appeal from an order of distribution of the estate of Joseph Hockensmith, deceased. The sole controversy is as to that part of the order directing the payment of $550 to his widow- They were married on October 29, 1883, and at the time of the marriage the wife had $550 in money, which she delivered to her husband, the deceased. Subsequently he signed and gave to her the following statement or-receipt:
“Received of Grussie Miller, when I married her, five hundred and fifty dollars, which she is to have back at…
2Cases cited3 opinions
- Harrison v. SmithSupreme Court of Missouri · 1884
- Stoller v. CoatesSupreme Court of Missouri · 1885
- Cason v. CasonSupreme Court of Missouri · 1859