Coleman v. Coleman
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Hon. William H. Marlin, Judge. (1) Under the decisions in this State, where the widow renounces the provisions of a will or the provisions of the statute and elects to take dower under the provisions of-section 2939, Revised Statutes 1899, she is entitled, after the payment of the debts of the estate, to one-half of the remainder in the first instance and also entitled to her homestead in the remaining half.
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Appeal from Moniteau Circuit Court. — Hon. William H. Marlin, Judge. (1) Under the decisions in this State, where the widow renounces the provisions of a will or the provisions of the statute and elects to take dower under the provisions of-section 2939, Revised Statutes 1899, she is entitled, after the payment of the debts of the estate, to one-half of the remainder in the first instance and also entitled to her homestead in the remaining half. It is apparent from the reading of the above section that this election gives a widow rights in lieu of her dower, not in lieu of her homestead…
1Opinion of the CourtBroaddus, P. J.
-On March 10, 1904, William H. Coleman of Moniteau county died testate, leaving as his widow, Gertrude W. Coleman, the plaintiff, and no lineal heirs at law. He willed to his wife his homestead in Tipton with all the household and kitchen furniture therein and $8,000 in cash. The widow formally renounced the provisions of the will and elected to take her estate under the provisions of section 2939, Revised Statutes 1899.
After her election, plaintiff instituted a suit in partition making the other legatees of the will parties thereto. There was a judgment and sale of the real estate mentioned…
2Cases cited5 opinions
- Adams v. AdamsSupreme Court of Missouri · 1904
- McFadin v. BoardSupreme Court of Missouri · 1905
- Bryan v. RhoadesSupreme Court of Missouri · 1888
- Gore v. RileySupreme Court of Missouri · 1901
- Cassity v. PoundSupreme Court of Missouri · 1902
3Cited by3 opinions
- Morris v. DonovanMissouri Court of Appeals · 1911
- Osborn v. OsbornMissouri Court of Appeals · 1954
- Schlup v. ThrasherMissouri Court of Appeals · 1921