129 Mo. App. 263 | Mo. Ct. App. | 1908
This is a proceeding to compel the judge of the probate court of St. Louis county to reinstate and hear an information filed in said court by the relator D. C. Taylor, public administrator of said county, stating Mrs. Melissa Connor is of unsound mind and incapable of attending to her own affairs, and asking that
The evidence proves without dispute these facts: Mrs. Melissa Connor was the wife of Thomas Connor, now deceased. He resided in Jasper county continuously from 1872 until his death March 29, 1907, and accumulated a large estate situate almost entirely in that county. His wife also resided there previous to their marriage. They were married in 1874 and lived together continuously in the city of Joplin in Jasper county, until 1886, when she became insane and was placed by her husband temporarily, as was supposed, in the St. Vincent Sanitarium, an institution for the treatment and care of the insane. This institution was then located in the city of St. Louis, but was subsequently removed into St. Louis county, outside the city limits. Mrs. Connor so far recovered her reason
The point of law at issue arises on the construction of section 3650 of the statutes. This section says if information in writing be given to the'probate court that any person m its county (italics ours) is an idiot, lunatic or person of unsound mind and incapable of managing his affairs, and praying an inquiry be had, the
The judgment is affirmed.