Bryant v. Christian
Supreme Court of Missouri
Jlppeal from, Ralls Circuit Court. I. Under the 5th section of the “Dower Act,” (Wagn. Stat. p. 539) the widow was entitled absolutely to one-half of the personal estate of her deceased husband, subject only to the payment of his debts, and to vest the title of this property in her it was not necessary that she should file an election. This appears by comparison with other sections.
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Jlppeal from, Ralls Circuit Court. I. Under the 5th section of the “Dower Act,” (Wagn. Stat. p. 539) the widow was entitled absolutely to one-half of the personal estate of her deceased husband, subject only to the payment of his debts, and to vest the title of this property in her it was not necessary that she should file an election. This appears by comparison with other sections. The 8th section of the same act provides, that the widow shall have her election to take her dower, (as provided in the 1st section which lias reference alone to real estate) discharged of debts, or, tlie…
1Opinion of the CourtLewis, Judge
• The facts in this case appear in an agreed statement to the following effect: James Buford died on the 14th March, 1870, leaving a widow, Margaret M. Buford, but no children or other descendants. On the 25th of same month, the widow also died. After her death, on April 11th, following, the last will and testament of James Buford was admitted to probate. In July of the same year, letters of administration on the estate of Margaret M. Buford were granted to the plaintiff.
*101The will of James Buford contained the following provisions. “Item 1st. I will and direct that all my just debts be paid…
2Cases cited3 opinions
- Rubey v. BarnettSupreme Court of Missouri · 1848
- Green v. SuttonSupreme Court of Missouri · 1872
- Hazel v. HaganSupreme Court of Missouri · 1871
3Cited by12 opinions
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Donaldson v. AllenSupreme Court of Missouri · 1904
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Wead v. GraySupreme Court of Missouri · 1883
- In Re Estate of Opel v. AurienSupreme Court of Missouri · 1944
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