Legal Opinion

Dudley v. Davenport

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 7 opinions

Appeal from Cass Cirmit Court.—Hon. N. M. GI-ivan, Judge. (1) The household furniture and provisions for one year’s support, or a reasonable allowance in lieu thereof, ■allowed the widow by the statute (R. S., sections 105 and 106), is her absolute property. Bryant .v. MeCune, 49 Mo. 546. (2) The right of the widow to four hundred dollars’ worth of personal property is absolute; vests ■immediately on the death of her husband and is a part of her dower. Hastings n.

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Appeal from Cass Cirmit Court.—Hon. N. M. GI-ivan, Judge. (1) The household furniture and provisions for one year’s support, or a reasonable allowance in lieu thereof, ■allowed the widow by the statute (R. S., sections 105 and 106), is her absolute property. Bryant .v. MeCune, 49 Mo. 546. (2) The right of the widow to four hundred dollars’ worth of personal property is absolute; vests ■immediately on the death of her husband and is a part of her dower. Hastings n. Myers, 31 Mo. 519 ; McFarland v. Base's Adm'r, 24 Mo. 156; Cummings n. Cummings, 51 Mo. 261, and cases there cited. (3) A…

1Opinion of the CourtNorton, J.

Doctor Barnett Dudley died seized of *463no real estate, but of personal property worth about $1200. His widow, Melvina Dudley, the appellant Lerein, applied within the time limited by law for her 'dower in said personal property, and for a reasonable .allowance for one year’s support. Her application was refused by the probate court, from which decision of the probate court the said widow appealed to the circuit ■court of Cass county, and her application being there also refused she appealed to this, court.

The record shows that to defeat plaintiff’s claim, •defendant offered evidence tending to…

2Cases cited3 opinions

  1. Cummings v. CummingsSupreme Court of Missouri · 1873
  2. Bryant v. McCuneSupreme Court of Missouri · 1872
  3. Perry v. PerrymanSupreme Court of Missouri · 1854

3Cited by7 opinions

  1. Rice v. WaddillSupreme Court of Missouri · 1902
  2. King v. KingSupreme Court of Missouri · 1904
  3. Farris v. ColemanSupreme Court of Missouri · 1890
  4. Glenn v. GunnMissouri Court of Appeals · 1901
  5. Martien v. NorrisSupreme Court of Missouri · 1886

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