Comerford v. Coulter
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. W. W. Wood, J udge. (1) The allowance provided for in section 107 of Revised Statutes 1889, is not “dower” but is in the nature of au exemption. Dobson’s Adm’r v. Butler, 17 Mo. 88; Weindel Adm’r v. Weindel, 126 Mo. 610. (2) The exemption laws can not be invoked in favor of nonresidents. Steele v. Leonori, 28 Mo. App. 675; Stotesbury v. Kirtland, 35 Mo.
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Appeal from the Cass Circuit Court. — Hon. W. W. Wood, J udge. (1) The allowance provided for in section 107 of Revised Statutes 1889, is not “dower” but is in the nature of au exemption. Dobson’s Adm’r v. Butler, 17 Mo. 88; Weindel Adm’r v. Weindel, 126 Mo. 610. (2) The exemption laws can not be invoked in favor of nonresidents. Steele v. Leonori, 28 Mo. App. 675; Stotesbury v. Kirtland, 35 Mo. App. 159. The provisions of section 106 and 107, Revised Statutes have no application to nonresident widows. “They are a temporary provision for the widows of deceased persons analogous to the…
1Opinion of the CourtGill, J.
This is a suit by a widow to -recover from her deceased husband’s estate the $400 allowed as her absolute property under our -administration law. R. S. 1889, sec. 107. They were an old couple with varied fortune and experiences. They seem to have been married in Ohio, where as husband and wife they resided for five years. They then moved to the state of Illinois, living there together for -about twenty-seven years; from there they went to Iowa, and from that state -to Nebraska. In the latter state the widow continued to live, but the husband left her and went to Missouri, settling in Cass…
2Cases cited6 opinions
- Farris v. BattleSupreme Court of Georgia · 1887
- Mowser v. MowserSupreme Court of Missouri · 1885
- Richardson v. LewisMissouri Court of Appeals · 1886
- King v. of KingMissouri Court of Appeals · 1896
- Isham Austin's EstateMissouri Court of Appeals · 1898
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3Cited by9 opinions
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Mahoney v. NevinsSupreme Court of Missouri · 1905
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
4 more not listed; retrieve them via the Exa API.