Lilly v. Menke
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — A. W. Mullins, Esq., Special Judge. (l) The will of Ilett Tobbein gave a life estate in all his property to Catherine Tobbein, and on his death, one half to her heirs in fee, and one half to the Catholic church at Lexington. Catherine. Tobbein renounced the will and took, under the statute, one half of the whole estate in fee.
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Appeal from Livingston Circuit Court. — A. W. Mullins, Esq., Special Judge. (l) The will of Ilett Tobbein gave a life estate in all his property to Catherine Tobbein, and on his death, one half to her heirs in fee, and one half to the Catholic church at Lexington. Catherine. Tobbein renounced the will and took, under the statute, one half of the whole estate in fee. Her renunciation of the will could only affect 'the- rights which she acquired under the will, and could not affect the rights which her heirs at law acquired thereunder; therefore she took one half of the original estate in lieu…
1DissentBarclay, J.
{dissenting). — This is an action for the partition of land. Defendants answered. Plaintiffs afterwards amended their petition, but defendants did not file any other answer thereto.
When the case was duly reached for trial, plaintiffs took default and introduced their evidence, upon which the court found the interests of the respective parties in the land, and passed an interlocutory decree defining those interests. The court also appointed three commissioners to make partition.
During the trial, both defendants appeared; and, at-their suggestion, were sworn and testified on their own behalf.
The…
2Cases cited40 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Sweet v. MaupinSupreme Court of Missouri · 1877
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