Glenn v. Gunn
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David Henry Biy, , Judge. STATEMENT OF THE CASE. This is an application by tbe widow of W. H. Glenn, deceased, to tbe probate court for an appropriation from tbe assets of said deceased in tbe bands of bis executor to supply a deficiency in tbe grain, meat and other provisions allotted to her by section 105, Revised Statutes 1899, wbicb were not on band when the inventory was taken.
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Appeal from Pike Circuit Court. — Hon. David Henry Biy, , Judge. STATEMENT OF THE CASE. This is an application by tbe widow of W. H. Glenn, deceased, to tbe probate court for an appropriation from tbe assets of said deceased in tbe bands of bis executor to supply a deficiency in tbe grain, meat and other provisions allotted to her by section 105, Revised Statutes 1899, wbicb were not on band when the inventory was taken. She was opposed because of tbe following provisions of tbe decedent’s will, wbicb we suppose were accepted: “All of my personal property of whatever kind, I give and bequeath…
1Opinion of the CourtGoode, J.
The judgment is right. The will cuts no figure. This statutory provision for a year’s support for the widow and children does not depend on the husband’s testacy *445or intestacy, solvency or insolvency. It is theirs absolutely— given to them by the wise and humane sentiments of an enlightened age, out of compassion for their hapless state when the bread-winner is lost. Creditors can not seize nor should bequests defeat it. The law makes no difference between the indigent and the opulent in respect to this bounty. The terms of the will speak no wish to take away this right, and it is doubtful if…
2Cases cited11 opinions
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Shipman v. KeysIndiana Supreme Court · 1891
- Cummings v. CummingsSupreme Court of Missouri · 1873
- Ward v. WolfSupreme Court of Iowa · 1881
- Heirs of Sawyer v. SawyerSupreme Court of Vermont · 1856
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3Cited by4 opinions
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Thompson v. JohnstonMissouri Court of Appeals · 1913
- Parsons v. HarveySupreme Court of Missouri · 1920
- Meyer v. MeyerSouth Dakota Supreme Court · 1910