Legal Opinion

Orchard v. Wright-Dalton-Bell-Anchor Store Co.

Supreme Court of Missouri

Decided April 1, 1915PublishedCited by 5 opinions

peal from St. Louis County Circuit Court.- — Hon. John W. McElhinney, Judge. (1) A leasehold estate, whether it be for twenty or for any other number of years, is personal property. Orchard v. Store Co., 225 Mo. 414. (2) The devise of real estate by the deceased husband to the widow, does not preclude her from sharing in the personal estate of her deceased husband of which he dies intestate ; and no election or renunciation of the will is necessary.

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peal from St. Louis County Circuit Court.- — Hon. John W. McElhinney, Judge. (1) A leasehold estate, whether it be for twenty or for any other number of years, is personal property. Orchard v. Store Co., 225 Mo. 414. (2) The devise of real estate by the deceased husband to the widow, does not preclude her from sharing in the personal estate of her deceased husband of which he dies intestate ; and no election or renunciation of the will is necessary. R. S. 1909, sec: 349; Hayden v. Hayden, 23 Mo. 398; Haniphan v. Long, 70 Mo. App. 352; Buford v. McCune, 49 Mo. 546; Martin v. Norris, 91 Mo.…

1Opinion of the Court

OPINION.

BOND, J.

(After stating the facts as above.) — On the first appeal of this case, this court decided, among other things, that the leasehold in question was not devised by Saracini to his wife and two children under the terms of his will giving them equal parts of all his “real estate,” since it did not have that character, but was only personal estate, despite the statutes providing that leaseholds of such duration (twenty years or more) should be assigned for dower in the same manner as real estate. [225 Mo. l. c. 456.] The court predicated that conclusion upon the fact that the…

2Cited by5 opinions

  1. Dean v. Estate of DeanSupreme Court of Missouri · 1942
  2. Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
  3. Dalton v. BarronSupreme Court of Missouri · 1922
  4. Jones v. PattersonSupreme Court of Missouri · 1925
  5. Montana Consolidated Mines Corp. v. O'ConnellMontana Supreme Court · 1938

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