Perry v. Strawbridge
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Section 2988, Revised Statutes 1899, was enacted as a companion statute to section 2939, Revised Statutes 1899, and the same rules of legal construction apply to both. Under section 2939 the wife takes in lieu of dower. Under section 2938 the husband takes in lieu of curtesy.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Section 2988, Revised Statutes 1899, was enacted as a companion statute to section 2939, Revised Statutes 1899, and the same rules of legal construction apply to both. Under section 2939 the wife takes in lieu of dower. Under section 2938 the husband takes in lieu of curtesy. Yon Arb v. Thomas, 163 Mo. 33; Gilroy v. Brady, 195 Mo. 209; Spurlock v. Burnett, 183 Mo. 501; Matney v. Graham, 50 Mo'. 559; Wigley v. Beauchamp, 51 Mo. 544; Hamilton v. O’Neil, 9 Mo. 11; Jarboe v. Hey, 122 Mo. 354; Payne v. Payne, 119 Mo. 174;…
1Opinion of the CourtGraves, J.
The petition is one for the partition of real estate in Jackson county, Missouri, formerly owned by Lillie Maud Evans, now deceased. Whilst a petition in partition, it admits that two defendants, Oallie Evans and Zora Evans, claim an interest in the property, but avers that they have -no interest. Two defendants, Mrs. P. W. Strawbridge and Mrs. J. A. Thompson, file answers, which in averments practically correspond with the petition of the plaintiff and likewise ask for partition. The defendants, Callie Evans and Zora Evans, by their separate answer, each aver that they are the children of…
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