Brown v. Estate of Tucker
Missouri Court of Appeals
Appeal from Perry Circuit Court. — Eon. Ghas. A. Killian, Judge. (1) The widow must have filed her election in order to have been entitled to one-half of personal estate. R. S. 1899, secs. 2939, 2942, 2943; Bryant v. Christian, 58 Mo. 98; Griffith v. Canning, 54 Mo. 282. (2) The doctrine is: That when ap election creates an interest, nothing will pass until an election is made.
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Appeal from Perry Circuit Court. — Eon. Ghas. A. Killian, Judge. (1) The widow must have filed her election in order to have been entitled to one-half of personal estate. R. S. 1899, secs. 2939, 2942, 2943; Bryant v. Christian, 58 Mo. 98; Griffith v. Canning, 54 Mo. 282. (2) The doctrine is: That when ap election creates an interest, nothing will pass until an election is made. Hamilton v. O’Neil, 9 Mo. 11;' Matney v. Graham, 50 Mo. 564; Bradford v. Wolf, 103 M'o. 398. (3) The right of election is wholly the result of statutory enactment and the statute must be strictly complied with. Kemp v.…
1Opinion of the CourtReynolds, P. J.
One James F. Tucker, late of Perry county, died on the —--day of July, 1905, in Perry county, intestate, leaving surviving him his widow, Margaret Tucker, but no children or deseen-*600dants of children. On the tenth of July, 1905, Margaret Tucker filed her relinquishment of the right to administer on his estate, and on the same day Andrew Doerr, was, by the probate court of said Perry county, appointed and duly qualified as administrator of the estate.' Margaret Tucker never executed or filed any instrument in writing electing to take one-half of the real and personal property, provided for by…
2Cited by7 opinions
- Dean v. Estate of DeanSupreme Court of Missouri · 1942
- Hax v. O'DonnellMissouri Court of Appeals · 1938
- Estate of Stambaugh v. StambaughMissouri Court of Appeals · 1921
- Nies, Admx. v. Stone, Exec.Missouri Court of Appeals · 1938
- Tipton v. McClaryMissouri Court of Appeals · 1932
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