Welch v. Anderson
Supreme Court of Missouri
Error to Lincoln Circuit Court. Demurrer to a petition for partition. The petition was an amended and supplemental one filed October 20th, 1857, in a suit for partition originally instituted, August 21, 1854, by Susannah Anderson, widow of Ransom T. Anderson, deceased, against the heirs of said R. T. Anderson. Susannah Anderson having died, her heirs filed an amended and supplemental petition.
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Error to Lincoln Circuit Court. Demurrer to a petition for partition. The petition was an amended and supplemental one filed October 20th, 1857, in a suit for partition originally instituted, August 21, 1854, by Susannah Anderson, widow of Ransom T. Anderson, deceased, against the heirs of said R. T. Anderson. Susannah Anderson having died, her heirs filed an amended and supplemental petition. This petition is in substance as follows: “ Plaintiffs state that to the October term, 1854, of the Lincoln circuit court Susannah Anderson filed her petition against said defendants, which petition is…
1Opinion of the CourtSoott, Judge
This case stands on a demurrer to the amended petition. The ancestor from whom the lands descended died in 1852 ; consequently the act in the code of 1845 will determine the widow’s right to dower in her husband’s real estate. By the first section of that act, the widow, as a matter of right, at the death of her husband, was entitled to be endowed of the third part of all the lands whereof her husband, or any other person to lfis use, was seized of an estate of inheritance, at any time during the marriage, to hold and enjoy during her natural life. When the husband died without any child or…
2Cases cited3 opinions
- United States v. Grundy and ThornburghSupreme Court of the United States · 1806
- Hamilton v. O'NeilSupreme Court of Missouri · 1845
- Kemp v. HollandSupreme Court of Missouri · 1846
3Cited by16 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Flynn v. . McDermottNew York Court of Appeals · 1905
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Camardella v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1908
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