Lilly v. Menke
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — A. W. Mullins, Esq., Special Judge. (l) The will of Ilett Tobbein gave a life estate in all his property to Catherine Tobbein, and on his death, one half to her heirs in fee, and one half to the Catholic church at Lexington. Catherine. Tobbein renounced the will and took, under the statute, one half of the whole estate in fee.
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Appeal from Livingston Circuit Court. — A. W. Mullins, Esq., Special Judge. (l) The will of Ilett Tobbein gave a life estate in all his property to Catherine Tobbein, and on his death, one half to her heirs in fee, and one half to the Catholic church at Lexington. Catherine. Tobbein renounced the will and took, under the statute, one half of the whole estate in fee. Her renunciation of the will could only affect 'the- rights which she acquired under the will, and could not affect the rights which her heirs at law acquired thereunder; therefore she took one half of the original estate in lieu…
1Opinion of the Court
Cantt, P. J,
— This is a proceeding in equity to obtain a partition of the estate of Ilett Tobbein, late of Caldwell county, Missouri, and is the culmination of the litigation to establish the last will of said Tobbein. Catholic Church v. Tobbein, 82 Mo. 418; Lilly v. Tobbein, 103 Mo. 477.
On the sixteenth .day of July, 1890, the plaintiffs *196filed a petition in the office of the circuit clerk of Caldwell county, Missouri, for the partition of the estate of Ilett Tobbein, deceased, among and between the devisees of said Ilett Tobbein, in accordance with the last will and testament of said…
2Cases cited28 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Sweet v. MaupinSupreme Court of Missouri · 1877
- McIntire v. McIntireSupreme Court of Missouri · 1883
23 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Davidson v. Miners & Mechanics Savings & Trust Co.Ohio Supreme Court · 1935
- Munger v. MungerCourt of Appeals of Texas · 1927
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
34 more not listed; retrieve them via the Exa API.