(Download) "Dorothy F. Grace Schwarberg v. Kenneth" by Missouri Court of Appeals St. Louis District # eBook PDF Kindle ePub Free
eBook details
- Title: Dorothy F. Grace Schwarberg v. Kenneth
- Author : Missouri Court of Appeals St. Louis District
- Release Date : January 22, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Dorothy Grace Schwarberg, divorced wife of Kenneth Grace, brought an action against him to partition the marital dwelling house property in Hannibal, alleging that during the marriage they were seized of the property as tenants by the entirety; that following the divorce they became tenants in common; that each is entitled to a one-half share and that the property cannot be divided in kind. Petitioner prayed that the property be sold and the proceeds divided between the parties. Defendant filed a general denial. Following a trial to the court without a jury the circuit court decreed partition, finding that petitioner owns a 3/7 interest; that defendant owns a 4/7 interest; that the property cannot be partitioned in kind, and ordered it sold and the proceeds divided according to the interests of the parties after payment of costs and expenses. Defendant appealed. The common source of title is Charlotte E. Grace, widow of Joseph M. Grace, Deceased. Petitioner called defendant to the stand and by him proved the following facts: Ten children, including defendant, were born of the marriage of Joseph and Charlotte Grace. Joseph died April 5, 1927. Charlotte died May 16, 1942. The other nine children were Carl, Charles, Frank, George, Josephine, John, Mary, Richard and Wilbert. Carl died May 28, 1931, single, without descendants. On February 26, 1946 George, Charles, Josephine, John and Wilbert, and their respective spouses, joined with Wayne Henry, surviving spouse of May, then deceased, in a warranty deed conveying the property in question to Kenneth and Dorothy Grace--the parties to this partition suit. Kenneth and Dorothy Grace obtained the interests of the minor children of Mary and Wayne Henry by a guardian's deed dated August 14, 1946. Petitioner testified that Frank and Richard died prior to the marriage of petitioner and defendant on April 22, 1941; that Richard died without children, leaving surviving a widow, Mary Frances, who later married a man named Bier and is presently residing in Buffalo, New York.
 "Dorothy F. Grace Schwarberg v. Kenneth" by Missouri Court of Appeals St. Louis District # eBook PDF Kindle ePub Free){kind=link}