Carlin v. Mullery
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The yearly allowance to the widow should be one-third of the present yearly value of the premises in the present condition- and use of the premises. Griffin v. Regan, 79 Mo. 73; Riley v. Glamorgan, 15 Mo. 335; Young v. Thrasher, 115 Mo. 234. (2) The dowress has no right to make the owner improve the land by the erection of buildings, for her benefit.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) The yearly allowance to the widow should be one-third of the present yearly value of the premises in the present condition- and use of the premises. Griffin v. Regan, 79 Mo. 73; Riley v. Glamorgan, 15 Mo. 335; Young v. Thrasher, 115 Mo. 234. (2) The dowress has no right to make the owner improve the land by the erection of buildings, for her benefit. Reily v. Bates, 40 Mo. 468; O’Elaherty v. Sutton, 49 Mo. 583; Thomas v. Mallinckrodt, 43 Mo. 58. (3) It is error to permit a jury to determine a question of pure law.…
1Opinion of the CourtBond, J.
This is a suit to set off to defendant the yearly value of her dower in twenty-five feet of ground, not susceptible of division, which comprised the real estate belonging to John Mullery at the time of his death. The plaintiffs are his children and grandchildren, the offspring of a former marriage, his first wife being deceased. The defendant is the widow and relict of a second marriage contracted by him in 1890 at the age of eighty years, and dissolved by his death in 1895. The latter marriage resulted in no issue. The cause was submitted to the court without a jury. The plaintiffs’ evidence…
2Cases cited3 opinions
- City of St. Louis v. BoffingerSupreme Court of Missouri · 1853
- Riley v. Clamorgan & RippeySupreme Court of Missouri · 1851
- Reily v. BatesSupreme Court of Missouri · 1867