Davidson v. Davis
Supreme Court of Missouri
Error to Livingston Circuit Court. — Hon. James M. Davis, Judge. (1) As tire law stood wben tbe husband died the widow took an estate in fee-simple to the extent of a homestead, and on her death it went to her heirs, lineal and collateral. Slcouton v. Wood, 57 Mo. 380 ; Qragg v. Qragg, 65 Mo. 346; Brown v. Brown, 68 Mo. 338. (2) It was an estate created by the statute and beyond the power of the husband to dispose of by will.
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Error to Livingston Circuit Court. — Hon. James M. Davis, Judge. (1) As tire law stood wben tbe husband died the widow took an estate in fee-simple to the extent of a homestead, and on her death it went to her heirs, lineal and collateral. Slcouton v. Wood, 57 Mo. 380 ; Qragg v. Qragg, 65 Mo. 346; Brown v. Brown, 68 Mo. 338. (2) It was an estate created by the statute and beyond the power of the husband to dispose of by will. Register v. Hensley, 70 Mo. 194; Bryant v. MeCune, 49 Mo. 546 ; Hastings v. Myers, 21 Mo. 519; Reddish v. Walsh, 15 Mo. 537.' (3) It vested by operation of law, and any…
1Opinion of the CourtHenry, C. J.
— Plaintiffs instituted this suit in the Livingston circuit court, asking to have a homestead set apart to them as heirs of Mahala Rossin, who, they allege, died seized of the same. The defendant had a judgment, and plaintiffs have brought the case here on writ of error.
Charles Rossin, the husband of Mahala, died in *4431874, having by will cWvvised to his said wife eighty acres of land in fee, and a life estate in one hundred acres additional, and bequeathed to her all his personal estate. To others he devised other tracts of land which,with that devised to his wife, constituted his farm.…
2Cited by8 opinions
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Stoepler v. SilberbergSupreme Court of Missouri · 1909
- Kaes v. GrossSupreme Court of Missouri · 1887
- Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
- Miller v. Fidelity Bankers Trust Co.Tennessee Supreme Court · 1932
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