Mowser v. Mowser
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Hon. J. I) Fox, Judge. (1) A parol ante-nuptial agreement not to claim any interest in each, other’s property, acted upon by the parties after marriage, has been held to be binding upon them. 2 Story’s Equity (2 Ed.) sec. 987a, p. 187, note 3; Southerland v. Southerland, 5 Bush (Ky.) 591; Naill/o. Maurer, 25 Md. 532. -If this'be true, plaintiff is barred by the agreement from claiming any interest in the estate of her deceased husband.
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Appeal from Bollinger Circuit Court. — Hon. J. I) Fox, Judge. (1) A parol ante-nuptial agreement not to claim any interest in each, other’s property, acted upon by the parties after marriage, has been held to be binding upon them. 2 Story’s Equity (2 Ed.) sec. 987a, p. 187, note 3; Southerland v. Southerland, 5 Bush (Ky.) 591; Naill/o. Maurer, 25 Md. 532. -If this'be true, plaintiff is barred by the agreement from claiming any interest in the estate of her deceased husband. Logan v. Philips, 18 Mo. 23: Thompson on Homesteads, sec. 942 ; Klenlce v. Koeltz, 75 Mo. 239. (2) Sections 105, 106,…
1Opinion of the CourtIHinet, C. J.
This proceeding originated in the probate court of Bollinger county and was an application by the widow of Elisha Mowser, deceased, under section 107, Revised Statutes, which is as follows : “In addition to the above, the widow may take such personal property as she may choose, not to exceed the appraised value of four hundred dollars, for which she shall give a receipt.”
It was admitted that plaintiff, Ada, was the lawful wife of the deceased, of good reputation for chastity and in all respects a lady of fair name; that she made her application in due time and that the property is on hand,…
2Cited by24 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Reger v. RegerSupreme Court of Missouri · 1927
- Estate of Youngblood v. YoungbloodSupreme Court of Missouri · 1970
- Deller v. DellerWisconsin Supreme Court · 1910
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