Burgess v. Bowles
Supreme Court of Missouri
Error to Lincoln Circtdt Court. — How. Elijah Robinson, Judge. (1) The principal question presented for considera- - tion by the record in this case is whether the defendant has a homestead in the land in question notwithstanding her husband’s will. The homestead is excepted by act of the law of devises. The husband’s will must yield to the will of the legislature. The wife cannot be put aside by the will of her husband to her election of a homestead.
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Error to Lincoln Circtdt Court. — How. Elijah Robinson, Judge. (1) The principal question presented for considera- - tion by the record in this case is whether the defendant has a homestead in the land in question notwithstanding her husband’s will. The homestead is excepted by act of the law of devises. The husband’s will must yield to the will of the legislature. The wife cannot be put aside by the will of her husband to her election of a homestead. She can take both under the will and under the law. Kaes v. Gross, 92 Mo. 648, overruling ■ Davidson v. Davis, 86 Mo. 440; Meech v. Meech, 87…
1Opinion of the CourtBarclay, J.
Naden Giles died in 1872, leaving a will as follows: “First, after all my lawful debts are paid and discharged, the remainder of my estate, real and personal, I give to my wife, Susan Jane Giles, as long as she remains my widow, to dispose of any portion of the estate for her support if necessary. I also constitute my said wife my lawful executrix, to sell and dispose of any property, personal and real, and pay off all lawful debts I owe. And, if there be any property left after her. death, it shall be divided among my children.”
Plaintiffs are his children. Defendant was his widow. In 1875…
2Cases cited4 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Cummings v. CummingsSupreme Court of Missouri · 1873
- Hasenritter v. HasenritterSupreme Court of Missouri · 1882
3Cited by12 opinions
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Stoepler v. SilberbergSupreme Court of Missouri · 1909
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Arrington v. McCluerSupreme Court of Missouri · 1930
- Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
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