In re Street's Estate

• Decision Date: 31 May 1910
• Citation: 129 S.W. 253,148 Mo. App. 700
• Parties: In re STREET'S ESTATE. STOUT v. McCUNE et al.
• Court: Missouri Court of Appeals

129 S.W. 253

148 Mo. App. 700

In re STREET'S ESTATE STOUT v. McCUNE et al.

St. Louis Court of Appeals. Missouri.

May 31, 1910.

COURTS (§ 231)—APPELLATE JURISDICTION— TITLE TO LAND.

A question whether under the homestead statutes of 1895 (Acts 1895, p. 185) heirs took the homestead in fee, free from demands of decedent's creditors involved a question of title to real estate, of which the Supreme and not the Court of Appeals has jurisdiction.

Appeal from Circuit Court, Ralls County; David H. Eby, Judge.

In the matter of the estate of William Street, deceased. From a judgment of the circuit court on appeal from the probate court denying an application by Daniel M. Stout, public administrator, against Mary McCune and another, for the sale of land, the administrator appeals. Cause transferred to Supreme Court.

J. O. Allison and E. L. Corwine, for appellant. R. F. Roy, for respondent.

GOODE, J.

Daniel M. Stout, public administrator of Ralls county, having in charge the estate of William Street, deceased, applied to the probate court of said county for an order to sell certain real estate whereof the deceased died seised, to wit, all of lot 30, block 9, in the city of New London. The application showed there were unpaid allowances against the estate, which the personal assets would not suffice to discharge; further, that the deceased left a widow who was dead when the application was made; and that his only surviving children and heirs were his two daughters, Mary McCune and Emma Wood, both residents of Ralls county. The application for the order was submitted on the following agreed facts:

"(1) That there are unpaid judgments and allowed demands against said estate as is alleged in said application and as fully appears therein.

"(2) That the personal property of all kinds left by said deceased did not exceed in value the sum of $400, and that said deceased left surviving him a widow, who, upon his death, took possession of all said personal property as her own under the statute.

"(3) That said deceased died seised and possessed in fee simple of the real estate described in said application as therein alleged.

"(4) That said real estate is situated in the city of New London, Mo., a city of less than 10,000 inhabitants, and comprises less than 5 acres of ground, and did not exceed in value at the time of the death of said deceased the sum of $1,500.

"(5) That said deceased departed this life on the 31st day of July, 1903, and that his widow departed this life on the ____ day of ____, in the year 1906.

"(6) That said deceased left surviving him as his heirs his two daughters, both of whom at the time of his death...