Hoyt v. Davis
Missouri Court of Appeals
Error to the Shelby County Circuit Court, Theo. Brace, Judge. By the common law “ dower” is an interest in lands, a life estate, and is so defined by all law writers, and by the decisions of our courts. Redfield on Wills (4 Ed.) 379 ; 4 Kent (3 Ed.) 35 and. 36 ; Crnise, Digest Real Prop. (4 Am. Ed.) 162 ; Wigley v. Beauchamp, 51 Mo. 544 ; Bryant v. McOune, 49 Mo. 546. Our statutory law is based upon the common law.
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Error to the Shelby County Circuit Court, Theo. Brace, Judge. By the common law “ dower” is an interest in lands, a life estate, and is so defined by all law writers, and by the decisions of our courts. Redfield on Wills (4 Ed.) 379 ; 4 Kent (3 Ed.) 35 and. 36 ; Crnise, Digest Real Prop. (4 Am. Ed.) 162 ; Wigley v. Beauchamp, 51 Mo. 544 ; Bryant v. McOune, 49 Mo. 546. Our statutory law is based upon the common law. Hamilton v. O'Weil, 9 Mo. 17. By the common law the widow had dower, and elopement and adultery were not a bar. By statute Westminster two, they were made a bar. Section 2204 is an…
1Opinion of the CourtThompson, J.
The plaintiff filed her petition in the probate count of Shelby county, claiming one-half of the personal estate of her deceased husband under the provision of section 2189, Revised Statutes. The only defence was, that the wife was barred of her right to this share in the personal estate of her deceased husband under the provision of section 2204, Revised Statutes, by reason of having voluntarily left her husband and continued with an adulterer. On appeal to the circuit court the cause was tried before the judge sitting as a jury, and there was a verdict and judgment for the defendants.
The…
2Cases cited18 opinions
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- De Graw v. PriorSupreme Court of Missouri · 1873
- Davis v. DavisSupreme Court of Missouri · 1838
- Stone v. StoneSupreme Court of Missouri · 1853
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3Cited by11 opinions
- Hunt v. SearcySupreme Court of Missouri · 1902
- Pugsley v. SmythOregon Supreme Court · 1921
- Renshaw v. ReynoldsSupreme Court of Missouri · 1927
- Glenn v. GunnMissouri Court of Appeals · 1901
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.