Johnson v. Johnson's Administrator
Supreme Court of Missouri
Error to St. Louis Land Court. The petition of plaintiff is as follows : u The plaintiff states she was married to John W. Johnson in the year 1881, in the city of St. Louis, in the state of Missouri, and she and said Johnson lived together in said city as husband and wife until the 1st day of June, 1854, when said Johnson died without any child or other descendant in being capable of inheriting his estate.
Read the full summary
Error to St. Louis Land Court. The petition of plaintiff is as follows : u The plaintiff states she was married to John W. Johnson in the year 1881, in the city of St. Louis, in the state of Missouri, and she and said Johnson lived together in said city as husband and wife until the 1st day of June, 1854, when said Johnson died without any child or other descendant in being capable of inheriting his estate. A short time before said marriage,-said Johnson presented to her articles of agreement to be signed by her and himself, and providing that, whereas a marriage was about to be contracted…
1Opinion of the CourtLeonard, Judge
The ante-nuptial contract does not constitute a legal bar of dower within the provisions of our written law on this subject. No estate in things real or personal is thereby vested in the intended wife pursuant to the statute, so as to constitute it a legal jointure. The whole rests on agreement, giving the wife a right to demand the things stipulated for, but vesting in her no *569estate in them within the meaning of the lawgiver. There is no reason, however, for supposing that the statute extinguishes equitable jointures ; it was not intended, and can not be allowed to have that effect. The…
2Cited by3 opinions
- Johnson v. Johnson's AdministratorSupreme Court of Missouri · 1860
- First National Bank of Kansas City v. JacquesSupreme Court of Missouri · 1971
- Mound City Construction Co. v. MacGurnMissouri Court of Appeals · 1902