Schneider v. Kloepple
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. J. G. Slate, Judge. (1) The purported will of William Brink was improperly admitted in evidence. It had not been admitted to probate and had not been proven, recorded, certified and attested as required by statute.
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Appeal from Maries Circuit Court. — Hon. J. G. Slate, Judge. (1) The purported will of William Brink was improperly admitted in evidence. It had not been admitted to probate and had not been proven, recorded, certified and attested as required by statute. R. S. 1909, sec. 564, 549; 565; Charlton v. Brown, 49 Mo. 353; Smith v. Estes, 72 Mo. 310; Parris v. Burchard, 242 Mo. 1; Barnard v. Bateman, 76 Mo. 414; Snuffer v. Howerton, 124 Mo. 637. (2) The real estate belonging to William Brink, and in the petition described, descended to Anna Maria Brink, his wife. R. S. 1909, sec. 332; 2 Cyc. 87,…
1Opinion of the CourtWalker, P. J.
— This is a suit to determine the interest of the parties hereto and quiet the title to certain land described in the petition in Maries County, Missouri. A trial resulted in a judgment for the defendants, from which plaintiffs appeal.
The land described was a part of that of which William Brink died seized in October, 1883. He died testate leaving no children or their descendants. The language of his will in regard to his real property is as follows: “The real estate I bequeath to my wife Anna Maria Brink to use as she pleases, and at her death what remains is to go to the St. Joseph Catholic…
2Cases cited5 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Missouri Historical Society v. Academy of ScienceSupreme Court of Missouri · 1887
- Schmidt v. HessSupreme Court of Missouri · 1875
- Gibson v. GibsonSupreme Court of Missouri · 1912
3Cited by17 opinions
- In Re RahnSupreme Court of Missouri · 1927
- Robinson v. CrutcherSupreme Court of Missouri · 1919
- Dunbar v. SimsSupreme Court of Missouri · 1920
- Harger v. BarrettSupreme Court of Missouri · 1928
- Glidewell v. GlidewellSupreme Court of Missouri · 1950
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