Gentry v. Gentry
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard-Field, Ju.dge. Plaintiff is the widow of William Gentry. During' his lifetime he lived on and had his mansion - house on the “blue land” at a point marked “X,” as shown by the plat hereto annexed. For convenience of reference the lands have been colored on the plat in different colors, and designated as “blue land,” and “yellow land.”
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Appeal from Pettis Circuit Court. — Hon. Richard-Field, Ju.dge. Plaintiff is the widow of William Gentry. During' his lifetime he lived on and had his mansion - house on the “blue land” at a point marked “X,” as shown by the plat hereto annexed. For convenience of reference the lands have been colored on the plat in different colors, and designated as “blue land,” and “yellow land.” The latter, Gentry owned in fee; the former, he was possessed of as tenant by the curtesy, the same having been owned by a former wife, Ann, by whom he had several children, who was the sister ■of plaintiff, who…
1Opinion of the CourtSherwood, J.
I. Section 4533, Revised Statutes, 1889, provides that: “Until dower be assigned, the widow may remain in and enjoy the mansion house of her husband, and the messuages or plantation thereto belonging, without being liable to pay any rent for the same.”
This, in substance, has long been the law, and as the section now stands it has stood for nearly sixty years. R. S. 1835, p. 229, sec. 15. Ever since the case of Stokes v. McAllister, 2 Mo. 163, the widow’s right of quarantine coupled with the reception of the entire rents during the period mentioned in the statute, has been recognized. Ousted…
2Cases cited12 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Jones v. ManlySupreme Court of Missouri · 1875
- Agan v. ShannonSupreme Court of Missouri · 1890
- Stagg v. LinnenfelserSupreme Court of Missouri · 1875
- Brown v. Brown's AdministratorSupreme Court of Missouri · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Moore v. HoffmanSupreme Court of Missouri · 1931
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- Byrne v. ByrneSupreme Court of Missouri · 1921
22 more not listed; retrieve them via the Exa API.