McBreen v. McBreen
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. JE. L. Scarritt, Judge. (1) It is tbe settled law of' this State tbat tbe husband is entitled to curtesy in all estates of inheritances of which the wife dies seized either at law or in equity, and the limitation of estates to the sole and separate use of the wife will not debar the husband from curtesy, as such limitations necessarily terminate upon the death of the wife.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. JE. L. Scarritt, Judge. (1) It is tbe settled law of' this State tbat tbe husband is entitled to curtesy in all estates of inheritances of which the wife dies seized either at law or in equity, and the limitation of estates to the sole and separate use of the wife will not debar the husband from curtesy, as such limitations necessarily terminate upon the death of the wife. Alexander v. Warrance, 17 Mo. 228; Tremmel v. Kleiboldt, 75 Mo. 255; Soltan v. Soltan,'93 Mo. 307; Watts v. Ball, 1 P. Williams 108; Parker v. Carter, 4 Hare 400; Eollet v. Tyes, 14…
1Opinion of the CourtBurgess, J.
This action is ejectment for the possession of a city lot in Kansas City. The petition is in the usual form. The answer avers that defendants are the children and only heirs at law of Ann McBreen, deceased, who was plaintiff’s wife, and that long before she acquired the property in question she and plaintiff being unable to longer live together because of disagreements they agreed in writing to separate, she agreeing to relinquish her dower in several lots which he then owned in Kansas City, and he to pay her one thousand dollars in money, give her all the household and kitchen furniture,…
2Cases cited20 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Garlick v. StrongNew York Court of Chancery · 1831
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Holloway v. HollowaySupreme Court of Missouri · 1890
- Wallace v. BassettNew York Supreme Court · 1863
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- North v. NorthSupreme Court of Missouri · 1936
- Rhodus v. GeatleySupreme Court of Missouri · 1941
- Johns v. McNabbSupreme Court of Missouri · 1952
- Mathis v. CraneSupreme Court of Missouri · 1950
- In Re Estate of Henry WoodSupreme Court of Missouri · 1921
8 more not listed; retrieve them via the Exa API.