Legal Opinion

Bogart v. Bogart

Supreme Court of Missouri

Decided April 3, 1897PublishedCited by 6 opinions

Appeal from Ray Circuit Cou/rt. — Hon. E. J. Broaddus, Judge. (1) The will of William A. Bogart, deceased, is valid, and not having been renounced by his widow, Delilah Bogart, it determines her interest in his estate and is conclusive upon her.

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Appeal from Ray Circuit Cou/rt. — Hon. E. J. Broaddus, Judge. (1) The will of William A. Bogart, deceased, is valid, and not having been renounced by his widow, Delilah Bogart, it determines her interest in his estate and is conclusive upon her. R. S. 1889, secs. 4527, 4528, 5435 and 5439; Register v. Hensley, 70 Mo. 189; Davidson v. Davis, 86 Mo. 440; Burgess v. Bowles, 99 Mo. 543; Greer v. Major, 114 Mo. 145. (2) The real estate sought to be partitioned by the ex parte proceedings, was not subject to partition between Delilah Bogart and her children, at the time such suit was instituted and…

1Opinion of the CourtBkace, J.

This is an action in ejectment to recover possession of a tract of land in Ray county con-*424taming about one hundred aeres. The answer is a general denial, and a plea of equitable estoppel. The common source of title is William A. Bogart, deceased, who died testate, on the sixteenth of June, 1875, seized in fee simple of the premises, which was a part of his home farm, of three hundred acres, leaving surviving him his wife Delilah, and six minor children, George W., Marticia A., Elizabeth A., Orvilla, Ulysses and Rosezella, his only heirs at law, living with him at the time, on the farm.

The…

2Cases cited2 opinions

  1. Fischer v. SiekmannSupreme Court of Missouri · 1894
  2. Schorr v. EtlingSupreme Court of Missouri · 1894

3Cited by6 opinions

  1. Rhodus v. GeatleySupreme Court of Missouri · 1941
  2. Carson v. HeckeSupreme Court of Missouri · 1920
  3. Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
  4. Bonds-Foster Lumber Co. v. Northern Pacific Railway Co.Washington Supreme Court · 1909
  5. Westmeyer v. GallenkampSupreme Court of Missouri · 1900

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