Stone v. Stone
Supreme Court of Missouri
Error to Henry Circuit Court. This was a suit begun by Margaret Stone, tbe plaintiff in •error, in 1850, against Jesse E. Stone, Rebecca J. Stone-, Margaret D. Stone and William S. Stone, defendants in error, to recover her dower in certain slaves wbicb bad belonged to her deceased husband, John C. Stone, in bis life-time.
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Error to Henry Circuit Court. This was a suit begun by Margaret Stone, tbe plaintiff in •error, in 1850, against Jesse E. Stone, Rebecca J. Stone-, Margaret D. Stone and William S. Stone, defendants in error, to recover her dower in certain slaves wbicb bad belonged to her deceased husband, John C. Stone, in bis life-time. In her ■petition, she alleged that her husband died on tbe 10th day of February, 1849, and that by bis will, made and published on .the 27th day of January, and admitted to probate on tbe 6th day of March, of that year, he had made certain provisions for her which she had…
1Opinion of the CourtScott, Judge
1. The question involved in this case, was formerly before this court, in the suit of Davis v. Davis, 5 Mo. Rep. The opinion then expressed was favorable to a right of recovery by the present plaintiff. The principle is an important one, and, however harsh its application in the present instance may be, we deem it too essential to the preservation of the right of dower of widows in their deceased husband’s estates, to suffer it to be overthrown, even in a case which has no merit to commend it.
The common law gave no dower to the widow in her husband’s personalty. The writ de rationabili parte…
2Cases cited1 opinion
- Lightfoot's Executors v. ColginSupreme Court of Virginia · 1816
3Cited by25 opinions
- Rice v. WaddillSupreme Court of Missouri · 1902
- Estate of Bernays v. MajorSupreme Court of Missouri · 1939
- Linders v. LindersSupreme Court of Missouri · 1947
- Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
- Tucker v. TuckerSupreme Court of Missouri · 1860
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