In re Wood's Estate

• Citation: 232 S.W. 671,288 Mo. 588
• Decision Date: 08 July 1921
• Docket Number: No. 21133.,No. 21132.,21132.,21133.
• Parties: In re WOOD'S ESTATE. BLOCK et al. v. WOOD.
• Court: Missouri Supreme Court

232 S.W. 671

288 Mo. 588

In re WOOD'S ESTATE BLOCK et al. v. WOOD.

No. 21132.

No. 21133.

Supreme Court of Missouri, in Banc.

July 8, 1921.

Appeal from St. Louis Circuit Court; Vital W. Garesche, Judge.

In the matter of the estate of Henry Wood, deceased. From judgments ordering payment to Minnie Wood, the widow of the deceased, of specified amounts by George M. Block, executor, the executor and others appeal. Judgments affirmed.

Bryan, Williams & Cave, Eliot, Chaplin, Blayney & Bedal, Holland, Rutledge & Lashly, and Lewis & Rice, all of St. Louis, for appellants.

Buder & Buder, E. E. Schowengerdt, and A. W. Wenger, all of St. Louis, for respondent.

WALKER, J.

The review here sought involves appeals in two cases, numbered, respectively, 21132 and 21133.

No. 21132 is an appeal from the judgment of the circuit court of the city of St. Louis ordering the payment to Minnie Wood, the widow of Henry Wood, deceased, of $250,000 by his executor, of the funds in his hands belonging to said estate, or, at his option and in lieu thereof, that he turn over and deliver to her a one-fourth interest in certain securities, as partial distribution to her, as such widow, of the estate in his hands as executor.

No. 21133 is an appeal from a similar judgment of said circuit court, for the payment to her in the further partial distribution of said estate of an additional sum of $750,000, or at his option and in lieu thereof turn over and deliver to her a three-fourths interest in the same securities described in the first judgment.

These judgments were entered August 5, 1918, on the petitions of the widow presented in each case to the probate court of said city upon appeal from similar orders of distribution made by that court on said petitions. The short transcript filed in lieu of a full transcript in each of these cases shows that motions for a new trial and in arrest were filed. Appeals were allowed to this court on behalf of the St. Louis Children's Hospital, St. Luke's Hospital, and Jewish Hospital, beneficiaries under said will, the St. Louis Union Trust Company, trustee under said will, and George M. Block, executor.

By stipulation these two appeals are to be heard as one case. Similar proceedings appear in each, and all questions of law and fact apply equally to both.

Henry Wood died March 19, 1917, in St. Louis, without children or other descendants, leaving an estate consisting wholly of personal property amounting to more than $2,500,000. He left a widow, Minnie Wood, who was the petitioner and is the respondent in these cases. He also left a will dated December ____, 1916, admitted to probate in the probate court of the city of St. Louis March 23, 1917; George M. Block being named therein as the testamentary executor.

The only devise, bequest, or reference whatever to Minnie Wood, the testator's wife, is the following:

"The trustee shall pay to my wife, Minnie, if she survives me, the sum of twenty-four hundred dollars ($2,400.00) per year, for life, payable at least quarterly, and monthly if possible. This provision for my wife to be in lieu of any dower interest in my estate and in lieu of the allowance to which she may be entitled under the laws of the state of Missouri as now set forth in sections 115 to 118, of the Revised Statutes of Missouri, for 1909, and also to be in lieu of any rights of dower or of inheritance, or any other marital rights which she may or shall have under the laws of the state of Missouri, or any other state."

The three appellant hospitals, with the Bethesda, another charitable institution of St. Louis, are residuary legatees, taking in equal shares, and the appellant trust company is their testamentary trustee.

The widow renounced the will, refused to accept the provisions therein made for her and in her behalf, and stated in her written renunciation that Henry Wood died without any child or other descendants in being capable of inheriting, and that she elected to take as dower in his estate and in lieu of dower under the provisions of sections 345, 347, and 348 of the Revised Statutes of Missouri of 1909:

"First. All the real and personal estate which came to her husband in "right of her marriage, and all the personal property of the husband which came to his possession with the written assent of the wife remaining undisposed of absolutely, not subject to the payment of the husband's debts.

"Second. One-half of the real and personal estate belonging to the husband at the time of his death absolutely, subject to the payment of the husband's debts, as provided by section 351 of the Revised Statutes of Missouri, and is by statute and the laws amendatory thereto of the state of Missouri made and provided."

This renunciation and election was on the same day served upon the executor.

On October 15, 1917, she filed in the probate court her first petition for partial distribution, upon which the case numbered 21132 is founded. On March 22, 1918, she filed her second motion for partial distribution, upon which the case numbered 21133 is founded.

That these petitions were respectively sufficient in form to authorize the orders of distribution made thereon is not questioned. Identical answers were filed in each. The answer in the first, omitting signatures of counsel, is as follows:

"Comes now George M. Block, executor of the estate of Henry Wood, and come also the following legatees under the will of said Henry Wood, to wit: Jewish Hospital, St. Luke's Hospital, and the St. Louis Children's Hospital —and comes also the St. Louis Union Trust Company, trustee under the will of said Henry Wood, and, for answer to the petition filed herein by Minnie Wood, wherein she prays that an order of partial distribution be made directing the executor to pay her the sum of $250,000 on account, respectfully state:

"First. That they deny each and every allegation in claimant's petition contained.

"Second. That, even if said claimant would otherwise be entitled to such distribution (which the parties hereto do not concede), yet that she is precluded and barred from any claim whatever in or against this estate, for the reason that she and said Henry Wood, on or about the 24th day of September, 1902, in the city of St. Louis, Mo., entered into a contract and agreement wherein and whereby said Minnie Wood agreed to accept certain provisions therein made for her in full satisfaction of all claim to or against said Henry Wood and his estate, and did thereby release any and all marital rights against said Henry Wood and his estate; that a copy of said contract or agreement is attached hereto and filed herewith, being marked Exhibit A."

Exhibit A, referred to in the answer, signed by each of the parties and the trustee for Mrs. Wood, is as follows:

"This indenture, made this twenty-fourth day of September, one thousand nine hundred and two, between Henry Wood, of St. Louis, Mo., of the first part, Minnie Wood, his wife, of the second part, and William E. Berger, of St. Louis, Mo., as trustee of the said Minnie Wood, of the third part.

"Whereas, divers disputes and unhappy differences have arisen between the said party of the first part and his said wife, for which reason they have separated and are living apart, and do hereby consent and agree to live separate and apart from each other during their natural life:

"Now, this indenture witnesseth: That the parties hereto, in consideration of the premises and in pursuance thereof, do hereby promise and agree to and with the said trustee, and also to and with each other, that each may live separate and apart from the other in such place or Places as they may respectively select, without interference from the other, and the party of the second part agrees that she will not at any time, or in any way, molest, disturb, or trouble the said party of the first part, nor knowingly enter any residence or other house or places of business where the said party of the first part may be, nor write, telephone, or otherwise communicate with the said party of the first part, except through the said Berger, party of the third part. In case the said party of the second part violates this agreement, the provisions for her support herein contained shall be void.

"Each of the parties of the first and second part shall retain and dispose of all personal property in their respective possession free from any claim by the other. And the party of the first part shall and will well and truly pay, or cause to be paid, to the said party of the third part, for the support and maintenance of his said wife, the annual sum of twenty-four hundred dollars in equal monthly payments, but said party of the second part shall have no right to assign or anticipate any such payments; said party of the first part further agrees to convey to said party of the third part, and his successors in trust, a suitable house properly furnished, in the city of St. Louis, Mo., or elsewhere, as the said party of the second part may elect, to be possessed and occupied by said party of the second part .during her natural life, free from taxes and without paying any rent therefor, but all repairs and alterations shall be paid for by the said party of the second part.

"The said party of the second part agrees, on request, to execute, acknowledge, and deliver any deed or mortgage of real estate, or release of dower therein, now held or hereinafter acquired by the said party of the first part and in which said party of the second part may have a legal estate, provided, however, that the provisions now contained in the will of said party of the first part, in favor of said party of the second part, shall not be substantially diminished or changed to her disadvantage, in default of which the said party of the second part shall have a claim against the estate of the said party of the first part for the value of the rights and interests in the real estate so conveyed or released. "

"And said trustee,...