Miller v. Schnebly
Supreme Court of Missouri
Appeal from, C larh Circuit Court. — Hon. B. E. Turner, Judge. (1) The husband of Mrs. Miller, the plaintiff’s grantor, died during the year 1869, while the homestead law of 1865 was in force. Such being the case, she took a fee simple in @1,500 worth of real estate not exceeding one hundred and sixty acres. Scouten v. Wood, 57 Mo. 380. (2) The law in force at the time of the death of the husband determines the rights of the widow in the homestead.
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Appeal from, C larh Circuit Court. — Hon. B. E. Turner, Judge. (1) The husband of Mrs. Miller, the plaintiff’s grantor, died during the year 1869, while the homestead law of 1865 was in force. Such being the case, she took a fee simple in @1,500 worth of real estate not exceeding one hundred and sixty acres. Scouten v. Wood, 57 Mo. 380. (2) The law in force at the time of the death of the husband determines the rights of the widow in the homestead. Davidson v. Davis, 86 Mo. 440. ( 3) The widow is not estopped by the proceedings in the partition-suit, as it was ex parte, and, from the evidence…
1Opinion of the CourtThomas, J.
This is a most unseemly contest between a son and son-in-law of an old lady, proved to have been eighty-nine years old at the time of the trial in the circuit court, in regard to her interest in the *371estate of her deceased husband. In 1869, John Miller died seized of the southeast quarter of section 18, township 66, range 7, west, containing one hundred and sixty acres, and also twenty acres in section 23, township 66, range 8, west, and forty acres in section 5 of the same township and range 7, west. He was living on the land in section 18 at the time of his death. He left a widow, Mary J.…
2Cases cited5 opinions
- Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
- Best v. JenksIllinois Supreme Court · 1888
- Gragg v. GraggSupreme Court of Missouri · 1877
- Graves v. CochranSupreme Court of Missouri · 1878
- Bryan v. RhoadesSupreme Court of Missouri · 1888
3Cited by2 opinions
- Weatherford v. KingSupreme Court of Missouri · 1893
- Limb v. BevinsMissouri Court of Appeals · 1941