Legal Opinion

Wood v. Conqueror Trust Co.

Supreme Court of Missouri

Decided June 30, 1915PublishedCited by 21 opinions

Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The right of dower is highly favored in this State and all doubts are resolved in its favor. Nothing except a plain mandate of the statute or a statutory command deduced by necessary implication will suffice to set dower to one side. Blevins v. Smith, 104 Mo. 588; Donaldson v. Donaldson, 249 Mo. 245; Crisman v. Linderman, 202 Mo. 614. And the widow’s right of election is regarded with the same favor.

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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) The right of dower is highly favored in this State and all doubts are resolved in its favor. Nothing except a plain mandate of the statute or a statutory command deduced by necessary implication will suffice to set dower to one side. Blevins v. Smith, 104 Mo. 588; Donaldson v. Donaldson, 249 Mo. 245; Crisman v. Linderman, 202 Mo. 614. And the widow’s right of election is regarded with the same favor. Martien v. Norris, 91 Mo. 46'5; Brown v. Tucker, 135 Mo. App. 598; Watson v. Watson, 28 Mo. 300; Bretz v. Matney, 60 Mo. 444;…

1Opinion of the Court

RAILET, C.

On March 20, 1912, plaintiff filed in the circuit court’ of Jasper county her petition containing. two counts. The second count was thereafter dismissed. Personal service was had on defendant Conqueror Trust Company, as administrator with the will annexed of the estate of Charles E. Wood, de*515ceased, and service was obtained on all the other defendants by publication, in due form and under proper order of the court.

We have adopted appellant’s statement of the case, which reads as follows:

“The petition alleges that plaintiff is the owner in fee of an undivided one-fourth of certain…

Also in this document: Per curiam.

2Cases cited13 opinions

  1. Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
  2. Asche v. . AscheNew York Court of Appeals · 1889
  3. In Re the Accounting of GordenNew York Court of Appeals · 1902
  4. Beetson v. . StoopsNew York Court of Appeals · 1906
  5. Fisher v. BoyceCourt of Appeals of Maryland · 1895

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3Cited by21 opinions

  1. Trautz v. LempSupreme Court of Missouri · 1932
  2. Machens v. MachensSupreme Court of Missouri · 1953
  3. Jacobs v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1929
  4. Estate of Bernays v. MajorSupreme Court of Missouri · 1939
  5. Sutorius v. MayorSupreme Court of Missouri · 1943

16 more not listed; retrieve them via the Exa API.

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