Moseley v. Bogy
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave, Judge. (1) A married woman cannot by will dispose of ber real property except subject to the rights of tbe husband to his curtesy therein. Sec. 536, R. S. 1909. (2) Where a man and woman are married and issue capable of inheriting is born of said marriage, the husband, by operation of law, immediately becomes vested of a freehold estate in all real property of which the wife was seized at the time of her death.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Cave, Judge. (1) A married woman cannot by will dispose of ber real property except subject to the rights of tbe husband to his curtesy therein. Sec. 536, R. S. 1909. (2) Where a man and woman are married and issue capable of inheriting is born of said marriage, the husband, by operation of law, immediately becomes vested of a freehold estate in all real property of which the wife was seized at the time of her death. Myers v. Hansbrough, 202 Mo. 495; Donovan v. Griffith, 215 Mo. 149; Kennedy v. Koopman, 166 Mo. 87; Fitzgerald v.…
1Opinion of the Court
WHITE, C.
The plaintiff sued in ejectment for a one-fourth interest in certain real estate in the city *325of St. Louis, and in a second count of the petition demanded partition of the same alleging that the plaintiff was entitled to an undivided one-fourth interest in fee simple in the premises; the defendant Bernard P. Bogy to an undivided one-half interest, and the defendant Bernard P. Bogy, Jr., to an undivided one-fourth interest. Plaintiff is the daughter, and defendant Bernard P. Bogy, Jr., is the son, of Eleanor M. Bogy, deceased, and defendant Bernard P. Bogy is the surviving husband of…
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3Cited by17 opinions
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