estate claim (Missouri) · Go Syfert
← Missouri issues

estate claim in Missouri

15 Missouri opinions name it 2 courts 1890–2018 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Envirotech, Inc. v. Thomasgreen
moctapp · 2008 · cited in 1 Missouri opinions naming this issue, 2014–2014
1 sentence

2014See Envirotech, Inc. v. Thomas, 259 S.W.3d 577, 586 (Mo.App.E.D.2008) (underlying tort must be pled with civil conspiracy claim).

11
Ellinwood v. Estate of Lyonsgreen
moctapp · 1987 · cited in 1 Missouri opinions naming this issue, 1988–1988
2 sentences

1988Ellinwood v. Estate of Lyons, 731 S.W.2d 23, 26 (Mo.App.1987).

1988Buchweiser v. Estate of Laberer, 695 S.W.2d 125, 128 (Mo. banc 1985), Ellinwood, supra, at 27 .

11
Buchweiser v. Estate of Laberergreen
mo · 1985 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988Buchweiser v. Estate of Laberer, 695 S.W.2d 125, 128 (Mo. banc 1985), Ellinwood, supra, at 27 .

11
White v. Robertsgreen
moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1987–1987
1 sentence

1987White v. Roberts, 637 S.W.2d 332, 334 (Mo.App.1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Research Medical Center v. Estate of Thomas green
moctapp · 1987
2 sentences

1997Id.

1997Id.

21997–1997
Campbell v. Martinez green
moctapp · 1990
2 sentences

1997Id. at 892 .

1997Id. at 892 .

21997–1997
Gaither v. Commonwealth green
kyctapp · 2004
1 sentence

2018The Estate appealed, and eventually, in Gaither v. Bd. of Claims, 161 S.W.3d 345 (Ky. App. 2004), the Court of Appeals considered an intervening decision by this Court; overruled Gray in light of that decision; and deemed the Estate's claim timely, because it was filed within one year of the personal representative's appointment and within two years of the decedent's death.

12018–2018
Thurman v. Commonwealth, Transportation Cabinet, Department of Highways neutral
kyctapp · 1998
1 sentence

2018Cabinet, Dep't of Highways, 981 S.W.2d 140 (Ky. App. 1998), the circuit court denied the Estate's motion for interest.

12018–2018
Gaither v. Justice & Public Safety Cabinet green
ky · 2014
1 sentence

2018Safety Cabinet, 447 S.W.3d at 628 , that (1) reversed the lower courts' determination that KSP is immune from the Estate's claim, thus reinstating the Board's award; but (2) simultaneously reduced that award so as to bring it into conformity with the parties' stipulations.

12018–2018
Wilson v. Seebold neutral
moctapp · 1997
1 sentence

2005Id.

12005–2005
Department of Social Services v. Ragsdale green
moctapp · 1996
1 sentence

2000In Department of Social Services v. Ragsdale, 934 S.W.2d at 324 , the Eastern District held that even if the computer records or the treasurer’s statement offered by the State are disregarded as exhibits, the properly admitted testimony of a Department of Social Services employee as to the amount the state had expended for decedent, if believed, was sufficient to establish the “moneys expended” for decedent as required by section 473.398.4.

12000–2000
Smith v. Snodgrass green
moctapp · 1988
1 sentence

1995In its brief, MBI states, “the determination of whether or not a proposed compromise is in the best interest of the estate requires an assessment of ‘the variable factors involving risk to the assets of the estate if the claim is not compromised.’ ” (emphasis added) (quoting Smith, 747 S.W.2d at 747 ).

11995–1995
Marriage of Toliver v. Toliver green
moctapp · 1981
1 sentence

1991Id. at 379 .

11991–1991
BASLER, ESTATE OF v. Delassus green
mo · 1985
1 sentence

1988Basler, Estate of v. Delassus, supra. Applying that standard here, the variable factors impacting on the risk to the estate involved in seeking to collect more than the compromise amount of the claim, include the certainty or uncertainty of the amount of the claim against Beatrice, the estate’s ability to collect the claim from the debtor, and the time and expense involved in collecting the note if there is no compromise.

11988–1988
Allen v. Mansfield neutral
mo · 1891
1 sentence

1941In Jamison v. Wells (Mo.), 7 S.W.2d 347 , 348[6], we said, citing cases: "Although the instrument under which color of title is claimed may be actually void and convey no title, if it purports on its face to convey the title to the land in question by appropriate words of transfer it will constitute color of title." Henrietta Spears (and her devisee) held possession of the whole of the real estate under claim of title and color of title subsequent to 1894. [Consult Allen v. Mansfield, 108 Mo. 343 , 348, 18 S.W. 901 , 903; Harriss v. Howard, 126 Ga. 325 , 330, 55 S.E. 59, 61 .] The homestead la

11941–1941
Harriss v. Howard green
ga · 1906
2 sentences

1941In Jamison v. Wells (Mo.), 7 S.W.2d 347 , 348[6], we said, citing cases: "Although the instrument under which color of title is claimed may be actually void and convey no title, if it purports on its face to convey the title to the land in question by appropriate words of transfer it will constitute color of title." Henrietta Spears (and her devisee) held possession of the whole of the real estate under claim of title and color of title subsequent to 1894. [Consult Allen v. Mansfield, 108 Mo. 343 , 348, 18 S.W. 901 , 903; Harriss v. Howard, 126 Ga. 325 , 330, 55 S.E. 59, 61 .] The homestead la

1941In Jamison v. Wells (Mo.), 7 S.W.2d 347 , 348[6], we said, citing cases: "Although the instrument under which color of title is claimed may be actually void and convey no title, if it purports on its face to convey the title to the land in question by appropriate words of transfer it will constitute color of title." Henrietta Spears (and her devisee) held possession of the whole of the real estate under claim of title and color of title subsequent to 1894. [Consult Allen v. Mansfield, 108 Mo. 343 , 348, 18 S.W. 901 , 903; Harriss v. Howard, 126 Ga. 325 , 330, 55 S.E. 59, 61 .] The homestead la

11941–1941
Bradley v. Goff green
mo · 1912
1 sentence

1914(Waddle v. Frazier, 245 Mo. 391, 404 ; Bradley v. Goff, 243 Mo. 95 ), which occurred within three years next before the commencement of this suit.

11914–1914
Waddle v. Frazier green
mo · 1912
1 sentence

1914(Waddle v. Frazier, 245 Mo. 391, 404 ; Bradley v. Goff, 243 Mo. 95 ), which occurred within three years next before the commencement of this suit.

11914–1914
Harbison v. Swan neutral
mo · 1874
1 sentence

1904Though we may gather from the face of the will that the testator had a certain purpose in view, yet, unless he has expressed that purposei in terms that the court can enforce without violation of established principles of law, the testator’s intention can not be carried out. [Harbison v. Swan, 58 Mo. 147 .] The testator devised this property to the trustee for the sole use of his son for life, and declared that at his son’s death the trust should cease.

11904–1904
Sauer v. Griffin neutral
mo · 1878
1 sentence

1890The court did not refer to the case of Sauer v. Griffin, 67 Mo. 654 , which involved the identical question, except that in the latter case the surety did not pay the debt until after final settlement of the estate and the suit was against the heirs of decedent and not against the administrator.

11890–1890

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 490.680 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 231 (1901–2026) IN 60 (1900–2026) IL 48 (1903–2025) TX 39 (1919–2026) NY 37 (1877–2025) OH 33 (1943–2026) CA 26 (1874–2026) FL 25 (1940–2025) WA 23 (1910–2026) MS 18 (1948–2023) GA 18 (1961–2025) KY 17 (1939–2025) WI 16 (1933–2026) MO 15 (1890–2018) IA 14 (1933–2018) KS 12 (1888–2024) MT 12 (1897–2023) AL 11 (1884–2017) MD 11 (1920–2025) CT 11 (1926–2025) SD 11 (1926–2024) NE 9 (1957–2025) TN 9 (1917–2019) OK 9 (1913–2000) CO 9 (1960–2018) NM 9 (1995–2025) ME 8 (1951–2021) AR 8 (1896–2024) AZ 8 (1996–2026) NJ 7 (1907–2026) SC 7 (1999–2023) VA 6 (1795–2020) OR 6 (1926–1987) DE 5 (2021–2026) UT 5 (1912–2023) ID 5 (1925–2025) ND 5 (1932–2025) MN 5 (1938–2012) HI 4 (1955–2026) VI 4 (1960–2015) MA 4 (1929–2003) NC 3 (1928–2015) LA 3 (1990–2007) NH 3 (2015–2017) WY 3 (1982–2010) MI 3 (2010–2018) NV 3 (1959–2017) WV 3 (2008–2024) VT 2 (1872–2018) DC 2 (2008–2021) RI 2 (1990–2000) AK 2 (1995–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check