State ex rel. Damon v. McQuillin
Supreme Court of Missouri
Mandamus. (1) Will contest in Missouri is a proceeding in rem and cannot be dismissed. Teckenbrock v. McLaughlin, 209 Mo. 538; Bradford v. Blossom, 207 Mo. 227; Cowan v. Shaver, 197 Mo. 212; Hogan v. Hinchey, 195 Mo. 532; Cash y.
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Mandamus. (1) Will contest in Missouri is a proceeding in rem and cannot be dismissed. Teckenbrock v. McLaughlin, 209 Mo. 538; Bradford v. Blossom, 207 Mo. 227; Cowan v. Shaver, 197 Mo. 212; Hogan v. Hinchey, 195 Mo. 532; Cash y. Lust, 142 Mo. 637; McMahon v. McMahon, 100 Mo. 99; Hughes v. Burriss, 85 Mo. 665; Hariis v. Hays, 53 Mo. 96; Benoist v. Murrin, 48 Mo. 52; Dickey v. Malechi, 6 Mo. 182. (2) The rule announced by the Supreme Court of Missouri is the uniform rule both in the United States and England'.. Hutson v. Sawyer, 104 N. C. 1; Collins v. Collins, 125 N. C. 98; Cardan v.…
1Opinion of the CourtFebbiss, J.
Petition for mandamus against respondent, directing him to permit the filing of an amended petition in the case' of Bosa E. Damon against the Columbia Trust Company and others.
In March, 1905, Louis Ewald made his last will, in. which he described himself as “Louis Phillip Ewald,, of the city of Louisville, in the State of Kentucky.”' The will gives the bulk of his very large estate to the Fidelity Trust Company of Louisville, in trust as; follows: ‘ ‘ For my three children, Phillip Louis, hielen Josephine and Sterling Donald, share and share alike.”' He also makes several bequests to his…
2Cases cited20 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Teckenbrock v. McLauglhinSupreme Court of Missouri · 1908
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Dickey v. MalechiSupreme Court of Missouri · 1839
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Moffett v. Commerce Trust CompanySupreme Court of Missouri · 1955
- Campbell v. St. Louis Union Trust Co.Supreme Court of Missouri · 1940
- Hahn v. HammersteinSupreme Court of Missouri · 1917
- Ehrlich v. MittelbergSupreme Court of Missouri · 1923
19 more not listed; retrieve them via the Exa API.