Stone v. Pennock
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case is stated in the opinion. I. The evidence shows that the purpose of the agreement was to give plaintiff two thousand dollars. There was no consideration for it. It had no effect on the conduct of the parties. Plaintiff did not sign it. II. When the agreement was made deceased had not made his will. The agreement is testamentary in its character and designed as such.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. The case is stated in the opinion. I. The evidence shows that the purpose of the agreement was to give plaintiff two thousand dollars. There was no consideration for it. It had no effect on the conduct of the parties. Plaintiff did not sign it. II. When the agreement was made deceased had not made his will. The agreement is testamentary in its character and designed as such. It was to put the transaction, as one witness says, “above the law.” It is void for this reason. Haydock n. Haydock, 34 N. J. Eq. 575. III. By his will,…
1Opinion of the CourtHall, J.
The plaintiff Sophronia E. Stone, now Ostranger by marriage, presented her claim to the probate court for allowance. The claim was based on the following agreement executed by the defendant’s testator : “ Memorandum of agreement made this third day of March, 1885, between Sophronia E. Stone of the first part, and Samuel M. Bowman of the other part, all of Kansas City, Missouri, witnesseth, that the said Sophronia E. Stone hereby agrees for and in consideration of the sum hereinafter mentioned to serve the said S. M. Bowman, in capacity she now occupies as nurse for himself and to superintend…
2Cases cited4 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Hiatt v. WilliamsSupreme Court of Missouri · 1880
- Strong v. WilliamsMassachusetts Supreme Judicial Court · 1815
3Cited by8 opinions
- American Publishing & Engraving Co. v. WalkerMissouri Court of Appeals · 1901
- Cochenour v. CochenourMissouri Court of Appeals · 1982
- Brown v. SmithMissouri Court of Appeals · 1905
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- General Accident & Life Insurance v. Owen Building Co.Missouri Court of Appeals · 1917
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