McCourtney v. Mathes
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Plaintiff, Margaret, was not named or provided for in her father’s will; he therefore died intestate as to her.
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Appeal from St. Louis Circuit Court. Plaintiff, Margaret, was not named or provided for in her father’s will; he therefore died intestate as to her. ( See' section 20 of act respecting wills, laws of 1825; Block v. Block, 3 Mo. 408 ; Beck v. Metz, 25 Mo. 71; Bradley v. Bradley, 24 Mo. 319 ; Hockensmith v. Slusher, 26 Mo. 237; Hargadihe v. Pulte, 27 Mo. 423.) The appellants objected below that the will is invalid as to the children, on the ground that no provision was made for them, resting the objection on the statute of 1825 and the present statute. It is well settled that the object of the…
1Opinion of the CourtBliss, Judge
This was an action of ejectment, both parties claiming under James Evoy, the plaintiff by descent and the defendant by purchase. The plaintiff, Mrs. McCourtney, was the child of said Evoy, and not having been provided for, as is claimed, in her father’s will, sues for a child’s share. Her father, the said James Evoy, died in 1830, leaving Bridget, his wife, and five children, having duly made a will containing the following provision : “Also, I give and bequeath to my beloved wife, Bridget, the sole and entire possession and disposal and management of all my real and personal estate, also the…
2Cases cited6 opinions
- Guitar v. GordonSupreme Court of Missouri · 1853
- Hockensmith v. SlusherSupreme Court of Missouri · 1858
- Bradley v. BradleySupreme Court of Missouri · 1857
- Hargadine v. PulteSupreme Court of Missouri · 1858
- Beck v. MetzSupreme Court of Missouri · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Allison v. Allison's ExecutorsSupreme Court of Virginia · 1903
- In re Estate of CallaghanCalifornia Supreme Court · 1898
- In Re Harper's EstateWashington Supreme Court · 1932
- Pounds v. DaleSupreme Court of Missouri · 1871
6 more not listed; retrieve them via the Exa API.