Richardson v. LeWis

• Decision Date: 06 April 1886
• Citation: 21 Mo.App. 531
• Parties: SUSAN R. RICHARDSON, Appellant, v. M. D. LEWIS, PUBLIC ADMINISTRATOR, Respondent.
• Court: Missouri Court of Appeals

21 Mo.App. 531

SUSAN R. RICHARDSON, Appellant,

v.M. D. LEWIS, PUBLIC ADMINISTRATOR, Respondent.

St. Louis Court of Appeals, Missouri.

Apr. 6, 1886.

APPEAL from the St. Louis Circuit Court, SHEPARD BARCLAY, Judge.

Affirmed.

KERR & KERR, for the appellant: The widow of a non-resident decedent is entitled to absolute dower in personalty, in this state, and to an allowance in lieu of provisions. Rev. Stat., sects. 105, 106, 107, and 108; Knapp v. Pub. Adm'r, 2 Bradford (N. Y.) 258; Cole v. Elfe, 23 Ga. 235; Buford v. Buford, 49 Mo. 546; Cummings v. Cummings, 51 Mo. 263; Hastings v. Myer, 21 Mo. 519; McFarland v. Baze, 24 Mo. 157.

L. B. VALLIANT, for the respondent: The widow of a non-resident decedent has no right to an allowance or to absolute dower in personalty of the estate in this state. Spier's Appeal, 26 Pa. St. 233; Coate's Estate, 12 Phila. 171; Spraddling v. Pipkin, 15 Mo. 118; Shannon v. White, 109 Mass. 146.

THOMPSON, J., delivered the opinion of the court.

The plaintiff filed her petition in the probate court of the city of St. Louis, claiming out of the estate of her deceased husband the allowance in lieu of provisions authorized by section 106, Revised Statutes, and, also, the absolute allowance of four hundred dollars in money, authorized by section 107, Revised Statutes. An appeal was taken from the order of the probate court to the circuit court, where, on a hearing de novo, the circuit court rendered judgment for the administrator, disallowing the petition, from which judgment the petitioner has appealed to this court.

The matter was heard in the circuit court upon the following agreed statement of facts:

“John T. Richardson died intestate in Madison county, Illinois, which was the domicil of himself and family at the time of his death, May, 1884. His widow, Sarah (meaning Susan) B. Richardson, qualified as administratrix of his estate in the county court of Madison county, Illinois, and she is still such administratrix there. The estate in Illinois consisted of a house and lot in which the intestate resided at the time of his death, worth about two thousand dollars, and which is encumbered for about seven hundred dollars, and personal property appraised in said administration at $71.75. Under the laws of Illinois, the widow was entitled to certain articles of personal property, to be selected out of the assets of the estate, and if such articles were not in the assets of the estate, she was entitled to receive the appraised value thereof out of the estate in money. These articles were appraised by appraisers appointed by said Madison county court, at $1,031, and of such there was on hand in the assets of the estate articles to the value only of $71.75. This the widow received, and the said county court ordered that she be allowed the balance, $959.25, in money. There was no money, or other personal property, in the estate in Illinois. At the time of the death of the intestate, there was deposited to his credit, in the Bank of Commerce, in this city, $999.10. The public administrator here took charge of the estate in this state on the twenty-seventh of May, 1884. There were no other assets of the estate here except the said $999.10. The widow, the plaintiff here, applied to the probate court in this city for an allowance in money out of the assets of the estate in lieu of provisions, under section 106, of the Revised Statutes of Missouri, and, also, an allowance of four hundred dollars, under sections 107, 108, and 109, Revised Statutes of Missouri, she having previously demanded the same of the administrator, and he refused. There were none of the articles on hand mentioned in section 105, Revised Statutes. A claim, to the amount of $4,754.50, has been allowed against the estate by the Madison court, in Illinois, and the same claim is filed in the probate court here, having been duly exhibited to the administrator here within the first year of the administration, and has been duly allowed by the probate court. The widow resides in Illinois, and occupies the house and lot, above mentioned, as a residence; she has one minor child by her marriage with the intestate. It is agreed that if she is entitled to anything, under section 106, Revised Statutes, two hundred and fifty dollars is a reasonable amount, and the allowance is to be fixed at that sum. The probate court allowed her claim for two hundred and fifty dollars, under section 106, and, also, four hundred dollars, under sections 107, 108, and 109, Revised Statutes, less $71.75, the value of the personal property she received in Illinois, from which order the administrator appeals. The facts stated in the petition are not disputed, but admitted.”

We are of opinion that the judgment of the circuit court was right. We rest our decision upon the universal principle of the common law that the succession of the personal property of a deceased person is governed exclusively by the law of his actual domicil at the time of his...