Fisher v. Clopton
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Ho». George F. Longan, Judge. (1) The court erred in finding for plaintiff and making an allowance to her out of her husband’s estate. Under the deed of separation, shown by evidence, she is precluded and estopped from claiming anything out of her husband’s estate.
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Appeal from Pettis Circuit Court. — Ho». George F. Longan, Judge. (1) The court erred in finding for plaintiff and making an allowance to her out of her husband’s estate. Under the deed of separation, shown by evidence, she is precluded and estopped from claiming anything out of her husband’s estate. A deed or a contract of separation, by which the estate of the husband is divided, and a provision for the wife is made, is supported by a sufficient consideration is not against public policy. If it is fair and equal and not the result of fraud or coercion, it will be sustained. Randall v.…
1Opinion of the CourtEllison, J.
— This proceeding was begun by plaintiff’s application to the probate court of Pettis county for an allowance of $400, and a year’s maintenance out of the personal estate of her deceased husband. On appeal to the circuit court an allowance of $400 was made, as also of $200, for a year’s maintenance. The administrator has appealed to this court.
It was conceded that there was a personal estate of near $700, but defendant objected to the allowance to plaintiff on the ground that in the lifetime of the husband he and she had a contract by deed of separation whereby near $3,000, principally money…
2Cases cited15 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Winn v. RileySupreme Court of Missouri · 1899
- Roberts v. HardyMissouri Court of Appeals · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Estate of EdelmanCalifornia Supreme Court · 1905
- Jones v. PetersonSupreme Court of Missouri · 1934
- Speiser v. SpeiserMissouri Court of Appeals · 1915
- Stanton v. Estate of JohnsonMissouri Court of Appeals · 1914
- Gilsey v. GilseyMissouri Court of Appeals · 1917
3 more not listed; retrieve them via the Exa API.