Bryant v. McCune
Supreme Court of Missouri
Error to Ralls Circuit Court. I. “If it is manifest from a fair construction of the will that the testator intended the bequest to be in lieu of dower, the widow cannot accept the bequest and also claim dower as allowed by law.” (Pemberton v. Pemberton, 29 Mo. 412-13 ; Brant’s Will, 40 Mo. 277-8 ; Coke Just., Haig. & Thom., 567, 569.) II. Section 33 of the administration law (Wagn.
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Error to Ralls Circuit Court. I. “If it is manifest from a fair construction of the will that the testator intended the bequest to be in lieu of dower, the widow cannot accept the bequest and also claim dower as allowed by law.” (Pemberton v. Pemberton, 29 Mo. 412-13 ; Brant’s Will, 40 Mo. 277-8 ; Coke Just., Haig. & Thom., 567, 569.) II. Section 33 of the administration law (Wagn. Stat. 88) is not an absolute, arbitrary provision vesting the property therein named in the widow, but it is a part of her dower bylaw — an additional power allowance — a part and parcel of the maintenance allowed…
1Opinion of the CourtBuss, Judge
Defendant’s testator devised and bequeathed to his wife the plaintiff’s intestate, a large portion of his estate, real and personal, to hold during her life, and died without issue. In a few weeks, and before the probate of the will, his widow also died, and the present controversy has arisen between the representatives of the two estates in regard to the property to which she was entitled, in addition to dower, by section 33 et seq., chapter 121, Glen. Stat. 1865 (Wagn. Stat. 88).
The term “ dower” is sometimes applied to any interest in the estate of the husband given bylaw; and Judge Scott,…
2Cases cited2 opinions
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Deborah Sheldon v. . BlissNew York Court of Appeals · 1853
3Cited by14 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Hasenritter v. HasenritterSupreme Court of Missouri · 1882
- Perkins v. SilvermanSupreme Court of Missouri · 1920
- Glenn v. GunnMissouri Court of Appeals · 1901
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