Legal Opinion

Jordan v. Rudluff

Supreme Court of Missouri

Decided March 2, 1915PublishedCited by 5 opinions

Error to the Perry Circuit Court. — Hon. Charles A. Klein, Judge. (1) The dower in this case was merged in the homestead by the action of the commissioners, who found that the homestead value exceeded the dower interest of the widow in all the lands owned by the deceased; hence when homestead was destroyed by her remarriage the dower was also destroyed and lost. Chrisman v. Linderman, 202 Mo. 619; 20 Am. & Eng. Ency.

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Error to the Perry Circuit Court. — Hon. Charles A. Klein, Judge. (1) The dower in this case was merged in the homestead by the action of the commissioners, who found that the homestead value exceeded the dower interest of the widow in all the lands owned by the deceased; hence when homestead was destroyed by her remarriage the dower was also destroyed and lost. Chrisman v. Linderman, 202 Mo. 619; 20 Am. & Eng. Ency. Law (2 Ed.), 588. (2) It is not insisted that the Homestead Statute ex vi termini destroys the dower where the homestead exceeds or is greater than one-third of the real estate…

1Opinion of the Court

BROWN, C.

and^ower.

This is a suit for the admeasurement and assignment of dower in 150 acres of land in Perry county, of which William Cambrón died seized in October, 1901, intestate, leaving the plaintiff, his widow, and certain -children and grandchildren, the interests of all of whom are now in the defendants, as his only heirs. The petition states these facts and that afterward on August 14, 1905, plaintiff was married to one Milster, who died in 1907, and that in 1909 she married Jordan, who still lives. It further states that in 1903 some of these heirs brought a suit in partition…

2Cases cited5 opinions

  1. Keeney v. McVoySupreme Court of Missouri · 1907
  2. Chrisman v. LindermanSupreme Court of Missouri · 1907
  3. Donaldson v. DonaldsonSupreme Court of Missouri · 1913
  4. Davison v. DavisonSupreme Court of Missouri · 1907
  5. Gore v. RileySupreme Court of Missouri · 1901

3Cited by5 opinions

  1. Falvey v. HicksSupreme Court of Missouri · 1926
  2. Schowe v. KallmeyerSupreme Court of Missouri · 1929
  3. Cave v. WellsSupreme Court of Missouri · 1928
  4. Hunott v. CritchlowSupreme Court of Missouri · 1955
  5. C. M. Smith Bros. Land & Investment v. PhillipsSupreme Court of Missouri · 1921

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