McDowell v. Orphan School of the Christian Church
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, J. H. Slover, Judge. STATEMENT BY ELBISON, J. The petition herein was filed July 22, 1898, and less caption and signatures is as follows: “Plaintiffs for cause of action against the defendants state that the plaintiffs, Elizabeth E. Allsup and William T. All-sup, are husband and wife; and that the said Elizabeth E. Allsup and Franklin A. McDowell, are the sole heirs of Samuel McDowell, hereafter mentioned, being the brother and…
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Appeal from Jackson Circuit Court. — Hon, J. H. Slover, Judge. STATEMENT BY ELBISON, J. The petition herein was filed July 22, 1898, and less caption and signatures is as follows: “Plaintiffs for cause of action against the defendants state that the plaintiffs, Elizabeth E. Allsup and William T. All-sup, are husband and wife; and that the said Elizabeth E. Allsup and Franklin A. McDowell, are the sole heirs of Samuel McDowell, hereafter mentioned, being the brother and sister of said Samuel McDowell, who died at the date hereafter stated. And the plaintiffs further state that Harrison…
1Opinion of the CourtEllison, J.
It will be observed that the petition charges that Harrison McDowell died in 1859. That by his *393will he left to Samuel McDowell $250. That afterwards, in 1865, Samuel McDowell died leaving plaintiffs as his only heirs and leaving no debts and no assets except the legacy of $250.
A demurrer was sustained to the petition. The ground of the demurrer is that the title to the money willed to the ancestor of these plaintiffs did not pass to plaintiffs as heirs on the death of the ancestor, but that it will vest in an administrator if one shall be appointed and remain in abeyance until such…
2Cases cited14 opinions
- Foote v. FooteMichigan Supreme Court · 1886
- Becraft v. LewisMissouri Court of Appeals · 1890
- State ex rel. Hounsom v. MooreMissouri Court of Appeals · 1885
- McCracken v. McCaslinMissouri Court of Appeals · 1892
- Green v. TittmanSupreme Court of Missouri · 1894
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3Cited by4 opinions
- Odom v. LangstonSupreme Court of Missouri · 1943
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
- Griesel v. JonesMissouri Court of Appeals · 1907
- Bell v. Farmers & Traders BankMissouri Court of Appeals · 1915