McFadin v. Board
Supreme Court of Missouri
Appeal from Audrain Circuit Court . — Hon E. M. Hughes, Judge. (1) Upon the death of Thomas Board, July 5, 1902, leaving no minor children, his homestead passed to and vested in his widow, Lucy B. Board. R. S. 1899, sec. 3620; Wilson v. Johnson, 160 Mo. 515. (2) In lieu of dower of the one-third part of all lands whereof her husband died seized of an- estate of inheritance-(but not in lien of homestead) Lucy B. Board could elect to take a child’s part of such lands.
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Appeal from Audrain Circuit Court . — Hon E. M. Hughes, Judge. (1) Upon the death of Thomas Board, July 5, 1902, leaving no minor children, his homestead passed to and vested in his widow, Lucy B. Board. R. S. 1899, sec. 3620; Wilson v. Johnson, 160 Mo. 515. (2) In lieu of dower of the one-third part of all lands whereof her husband died seized of an- estate of inheritance-(but not in lien of homestead) Lucy B. Board could elect to take a child’s part of such lands. She did so elect. But the child’s part taken by her election was taken by her subject to the payment of her husband’s debts. R.…
1Opinion of the CourtBrace, P. J.
This is an action for partition and assignment of dower, which was tried below on an agreed statement of facts, from which it appears that on the 5th day of July, 1902, Thomas Board died seized of a farm of 179.5 acres in Audrain county, of the value of $4,936.25, subject to a mortgage theretofore executed by him and his wife, amounting to $2,033.00; a homestead in the city of Mexico of the value of $1,500, and some other lots in said city of the value of $300. He left surviving him his widow, the said defendant, Lucy A. Board, and one child by her, the plaintiff, *691Laura A. McFadin, Ms only…
2Cited by8 opinions
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- Quail v. LomasSupreme Court of Missouri · 1906
- Stanton v. LeonardSupreme Court of Missouri · 1939
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