Roberts v. Hardy
Missouri Court of Appeals
Appeal from- Moniteau Circuit Court. — Hon. James H. Hazell, J udge. (1) Ollie Eoberts had the right to contract that she would not claim dower, or the statutory provisions made for her. Public policy did not prevent such a contract. McFarland v. Baze’s Adm’r, 24 Mo. T56; E. S. 1899, sec. 4335; Garbut v. Bowling, 81 Mo. 214. (2) The contract can not under the evidence be said to'be unfair, or unreasonable, and should not be set aside upon that ground.
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Appeal from- Moniteau Circuit Court. — Hon. James H. Hazell, J udge. (1) Ollie Eoberts had the right to contract that she would not claim dower, or the statutory provisions made for her. Public policy did not prevent such a contract. McFarland v. Baze’s Adm’r, 24 Mo. T56; E. S. 1899, sec. 4335; Garbut v. Bowling, 81 Mo. 214. (2) The contract can not under the evidence be said to'be unfair, or unreasonable, and should not be set aside upon that ground. Oarr v. Lackland, 112 Mo. 443. (3) When Ollie Eoberts executed the contract she forever relinquished any dower right in the real, personal and…
1Opinion of the CourtBroaddus, J.
The proceedings originated in the probate court. Plaintiff made her application for an allowance against the estate of her deceased husband, Naaman Roberts. The application is for her allowance as such widow under sec*90tions 105, 106, 107, 108 and 109, Revised Statutes 1899.
It was admitted on the trial that Naaman Roberts, the deceased, and plaintiff were married on the seventh day of October, 1897; that by a prior marriage Naaman Roberts had living nine children; that there was no issue of the marriage of plaintiff and said Roberts; that Roberts died Eebruary 10, 1900, intestate, and that the…
2Cases cited4 opinions
- Knapp v. KnappMichigan Supreme Court · 1893
- McFarland v. Baze's AdministratorSupreme Court of Missouri · 1857
- Garbut v. BowlingSupreme Court of Missouri · 1883
- Saunders v. SaundersSupreme Court of Missouri · 1898
3Cited by17 opinions
- Dennis v. PerkinsSupreme Court of Kansas · 1913
- Haile v. HaleSupreme Court of Oklahoma · 1913
- Garrett v. KirtleyWest Virginia Supreme Court · 1924
- Speiser v. SpeiserMissouri Court of Appeals · 1915
- Banner v. BannerMissouri Court of Appeals · 1914
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