Brandon v. Dawson
Missouri Court of Appeals
Appeal from the Callaway Circuit Court. — Hon. John A. Hockaday, Judge. This suit was instituted by plaintiff in the circuit court of Callaway county, as the widow of Francis Brandon, deceased, in July, 1891, in which she sought to have annulled and set aside the gift and transfer of certain notes made by her husband in his lifetime to defendants, on the ground of fraud, charging and alleging in her petition that such gift and transfer were made with the intent and purpose…
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Appeal from the Callaway Circuit Court. — Hon. John A. Hockaday, Judge. This suit was instituted by plaintiff in the circuit court of Callaway county, as the widow of Francis Brandon, deceased, in July, 1891, in which she sought to have annulled and set aside the gift and transfer of certain notes made by her husband in his lifetime to defendants, on the ground of fraud, charging and alleging in her petition that such gift and transfer were made with the intent and purpose of depriving and defrauding her out of her proper allowance and dower due her out of the personal estate of her deceased…
1Opinion of the CourtEllison, J.
The law in cases of the nature of the one under discussion is well settled, and the only difficulty we have encountered has been in regard to the application of the facts as developed in the evidence. The law is that, notwithstanding the wife has, by force of the statute, dower in the personal property of the husband, such property must have been the husband’s at his death. He has an absolute and unrestricted right to dispose of it at any time during his lifetime by gift or otherwise, provided such disposition is not testamentary in character and made with a view of defeating the wife’s claim…
2Cases cited7 opinions
- Mowser v. MowserSupreme Court of Missouri · 1885
- Holman v. BachusSupreme Court of Missouri · 1880
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Farris v. ColemanSupreme Court of Missouri · 1890
- Crecelius v. HorstSupreme Court of Missouri · 1886
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3Cited by6 opinions
- Sorensen v. SorensenNebraska Supreme Court · 1898
- Maget v. MagetMissouri Court of Appeals · 1900
- Ray v. Leader Federal Savings & Loan AssociationCourt of Appeals of Tennessee · 1953
- Quint v. QuintMissouri Court of Appeals · 1962
- Waller v. CapperSupreme Court of Kansas · 1936
1 more not listed; retrieve them via the Exa API.