Legal Opinion

In re Estate of Loyd

Missouri Court of Appeals

Decided April 27, 1891PublishedCited by 1 opinion

Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. ' (1) The $400 absolute dower allowed to widow, under sections 105, 107 and 108, Revised Statutes, was intended to be allowed and paid out of the personal estate of the deceased, and not out of his real estate. .Drowry n. Bauer, 68 Mo. 155. The facts in this case are in all respects similar to those in case of Jewell v. Knettle, 39 Mo.

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Appeal from the Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. ' (1) The $400 absolute dower allowed to widow, under sections 105, 107 and 108, Revised Statutes, was intended to be allowed and paid out of the personal estate of the deceased, and not out of his real estate. .Drowry n. Bauer, 68 Mo. 155. The facts in this case are in all respects similar to those in case of Jewell v. Knettle, 39 Mo. App. 262. Had Jewell v. Knettle been published when this case was decided, there would have been no necessity for the present appeal. Relying confidently on that case and the authorities…

1Opinion of the CourtGill, J.

This is a controversy between Mary A. Lloyd, the widow, and J. A. Lander et al., judgment creditors, of Wm. C. Lloyd, deceased. It seems that, in 1889, Mr. Lloyd died possessed of a small amount of personal property, and, as well, the owner of certain lands, which, however, had been incumbered by a deed of trust, executed by himself and wife, jointly. About a year after his death the land was sold in pursuance of the terms of, the deed of trust, and there was realized therefrom, after the payment of the secured debts, a surplus of $394.55. This surplus was paid over to Yarn ell, the…

2Cases cited3 opinions

  1. In re Motier's EstateMissouri Court of Appeals · 1879
  2. Ritchey v. WithersSupreme Court of Missouri · 1880
  3. Jewell v. KnettleMissouri Court of Appeals · 1890

3Cited by1 opinion

  1. Crooks v. HarrelsonCourt of Appeals for the Eighth Circuit · 1929

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