Moran v. Stewart
Supreme Court of Missouri
Appeal from Andrew Circuit Court. The case of Moran v. Stewart, 122 Mo. 295, can. not be sustained on principle or authority and ought not to be adhered to. The rights of widows at least ought not to be imperiled until there is appropriate legislation.
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Appeal from Andrew Circuit Court. The case of Moran v. Stewart, 122 Mo. 295, can. not be sustained on principle or authority and ought not to be adhered to. The rights of widows at least ought not to be imperiled until there is appropriate legislation. Defendant, Samuel Stewart,' is an heir of David Moran by virtue of the deed of adoption set out in plaintiff’s petition and is a child capable of inheriting within the meaning of section 4518, Revised Statutes, 1889, and therefore appellant can not elect to take one half of the real and personal estate belonging to said David Moran at the time…
1Opinion of the CourtBra.ce, P. J.
This is an appeal from the judgment of the circuit court of Andrew county sustaining a demurrer to plaintiff’s petition.
The action is for the partition of certain real estate described in the petition, of which one David Moran died seized and possessed, who in his lifetime was twice married. The plaintiff, his second wife, as his widow, under the provisions of sections 4518, 4520, Revised Statutes, 1889, elected to take one half of the *75real and personal estate of her deceased husband at the time of his death, absolutely, subject to the payment of his debts, in lieu of dower; by virtue of…
2Cases cited1 opinion
- Moran v. StewartSupreme Court of Missouri · 1894
3Cited by6 opinions
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Thomas v. MaloneyMissouri Court of Appeals · 1910
- In re MoranSupreme Court of Missouri · 1899
- Moran v. StewartSupreme Court of Missouri · 1903
- Moran v. StewartSupreme Court of Missouri · 1912
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