Stone v. Cook
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — -Row. E. M. Hughes, Judge. (1) Plaintiff is not barred from contesting the will after tbe lapse of a period of five years, for the reason tbat sbe is a married woman. Sec. 4624, R. S. 1899; Linville v. Greer, 165 Mo. 380; Rosenberger v. Mallerson, 92 Mo. App. 27. Section 4622 confers tbe right to contest and section 4624 limits this time to five years, except as to married women, giving them until tbe disability of coverture is removed.
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Appeal from Audrain Circuit Court. — -Row. E. M. Hughes, Judge. (1) Plaintiff is not barred from contesting the will after tbe lapse of a period of five years, for the reason tbat sbe is a married woman. Sec. 4624, R. S. 1899; Linville v. Greer, 165 Mo. 380; Rosenberger v. Mallerson, 92 Mo. App. 27. Section 4622 confers tbe right to contest and section 4624 limits this time to five years, except as to married women, giving them until tbe disability of coverture is removed. Hughes v. Burriss, '85 Mr. 660. (2) Estoppel is an affirmative defense and must be specially pleaded, and can not be made…
1Opinion of the CourtMarshall, J.
— This is an action under the statute to contest the will of William T. Cook.
The plaintiff is a daughter of the testator, and the defendants are the other children, grandchildren, daughter-in-law, and executors of the deceased. The will was executed on December 17, 1895. Shortly thereafter the testator died, and the will was probated in- March, 1896.
By the first item of the will the testator bequeathed to his grandson, E. C. Cook, one hundred and sixty acres of land to enable him to support and care for his invalid mother. By the second item of the will the testator bequeathed to his…
2Cases cited10 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Havens v. . Sackett and HavensNew York Court of Appeals · 1857
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- Mills v. . HoffmanNew York Court of Appeals · 1883
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- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
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