Wimbush v. Danford
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The deeds conveying the nine parcels of real estate in question to John Wimbush and Jane M. Wimbush, his wife, created estates by the entirety therein in them. Jane Wimbush, being the survivor, retained the entire estate therein and the will of John Wimbush did not operate on that estate.
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Appeal from St. Louis City Circuit Court. — Hon. Benjamin J. Klene, Judge. (1) The deeds conveying the nine parcels of real estate in question to John Wimbush and Jane M. Wimbush, his wife, created estates by the entirety therein in them. Jane Wimbush, being the survivor, retained the entire estate therein and the will of John Wimbush did not operate on that estate. R. S. 1919, sec. 2273; Ashbaugh v. Ashbaugh, 273 Mo. 353; Brewing Co. v. Saxey, 273 Mo. 159; Frost v. Frost, 200 Mo. 474; Bank v. Fry, 168 Mo. 492; Hall v. Stephens, 65 Mo. 670. (2) The title to the nine parcels of real estate in…
1Opinion of the CourtElder, J.
This is an action by which, plaintiffs seek to establish a resulting trust in favor of John Wim- bush, their father, who died May 28, 1910, in ten parcels of real estate situated in the city of St. Louis and in certain notes, accounts, books and money alleged to have been the property of said Wimbush at the' time of his death. Plaintiffs are the children of John Wimbush by Julia Wimbush, his first wife, and defendants are the children of said Wimbush by Jane M. Wimbush, his sec- ond wife. The amended
Pleadings. The amendedpetition, comprising 59 pages of the record, is unduly prolix. It sets…
2Cases cited8 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Curd v. BrownSupreme Court of Missouri · 1899
- Garner v. JonesSupreme Court of Missouri · 1873
- Gibson v. ZimmermanSupreme Court of Missouri · 1849
- Bains v. BullockSupreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Barnett, Admr. v. Couey, Admr.Missouri Court of Appeals · 1930
- Hernandez v. BeckerCourt of Appeals for the Tenth Circuit · 1931
- Farmington Production Credit Ass'n. v. EstesMissouri Court of Appeals · 1974
4 more not listed; retrieve them via the Exa API.