American Bankruptcy Reports Volume 43

American Bankruptcy Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...the efleet of the Myers Case is to dcclare that a husband can have a vested interest by the curtesy initiate in his wife's real estate, contemporaneously with her power under the statute of 1889, to convey same and invest the grantee with an absolute fee therein. Such a construction limits the letter and destroys the purpose of the Married Woman's Act. It is repugnant to reason, and, despite the remark made in Teckenbrock-v. McLaughlin, 246 Mo. loc. cit. 717, 152 S. W. 39, that "there are two lines of authority in this State on this question," the rulings here and elsewhere will be found in accord with that in the H ageluken Case. The T eckenbrock Case did not attempt, nor was it necessary for it to define the nature of a husband's interest as a tenant by the curtesy initiate in his wife's property since the enactment of the Married Woman's Act. All that it did decide was that, when suit was brought by a husband and wife to set aside a will, it could not be maintained on the ground of the husband's interest as tenant by the curtesy initiate in the property of his wife acquired by descent since the statute of 1889; that nothing therein gave any authority to the maintenance of an action of this character under section 555, R. S. 1909, defining who may contest the validity of wills; and for the additional reason that the issue was res adjudicata, in having been determined in a. former proceeding identical in its character. Apposite precedents affirming the rule announced in the Hageluken Case are to be found in Kirkpa.t1-ids v. Pease, 202 Mo. loc. cit. 490, 101 S. W. 651; Harvey 1: . Long, 260 Mo. loc. cit. 391, 168 S. W. 708; Moseley 1;. B09!/, 272 Mo. 328, 198 S. W. 847; Haguewood v. Britain, ...show more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236970128
  • 9781236970121