Dobbins v. Humphreys
Missouri Court of Appeals
Appeal from Sullivan Circuit Court . — Hon. Jno. P. Butter, Judge. (1) As to whether the property and moneys conveyed and delivered by Thomas Dobbins to the plaintiff were a gift or an advancement depends upon the intention of the deceased father. Gunn v. Thurston, 130 Mo. 345; Ray v. Loper, 65 Mo. 470; Ladd v. Stephens, 147 Mo. 319; Waddell v. Waddell, 87 Mo. App. 216; Lisles v. Huffman, 88 Mo. App. 143; Hattersley v. Bissett, 40 Am.
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Appeal from Sullivan Circuit Court . — Hon. Jno. P. Butter, Judge. (1) As to whether the property and moneys conveyed and delivered by Thomas Dobbins to the plaintiff were a gift or an advancement depends upon the intention of the deceased father. Gunn v. Thurston, 130 Mo. 345; Ray v. Loper, 65 Mo. 470; Ladd v. Stephens, 147 Mo. 319; Waddell v. Waddell, 87 Mo. App. 216; Lisles v. Huffman, 88 Mo. App. 143; Hattersley v. Bissett, 40 Am. St. Rep. 355; Booth v. Foster, 111 Ala. 812, 56 Am. St. Rep. 52; Brooks v. Latimer, 44 Kan. 431, 21 Am. St. Rep. 294; Wilkinson v. Thomas, 128 111. 363;…
1Opinion of the CourtMarshall, J.
This is a suit under the statute for the partition of certain real estate in Sullivan •county, owned by Thomas Dobbins, who died, intestate, on May 23, 1896. The parties are his children. The plaintiff claims one-thirteenth part of the property. The principal contention of the defendants is that the plaintiff received advancements from their father amounting to more than his aliquot share of the land here involved, and hence he is not entitled to any further part of the estate. The plaintiff claims that the personal property is more than sufficient to pay all of the debts of the estate, and…
2Cases cited4 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- Ray v. LoperSupreme Court of Missouri · 1877
- Reed v. RobertsonSupreme Court of Missouri · 1870
3Cited by5 opinions
- Lee v. ConranSupreme Court of Missouri · 1908
- Pilkington v. WheatSupreme Court of Missouri · 1932
- Reynolds v. HoodSupreme Court of Missouri · 1908
- Brecker v. FillinghamSupreme Court of Missouri · 1908
- Pitts v. MetzgerMissouri Court of Appeals · 1916