Griffith v. Canning
Supreme Court of Missouri
Error to Clark Circuit Court. I. The election of the plaintiff to take under the statute “was simply in lieu of her rights under the will.” II. If the widow takes under the will, she is entitled, in addition, to the four hundred dollars absolute allowance provided by §§ 35, 36, 37, Wagn. Stat., 88. III. The widow’s right to this allowance does not depend on the election or non-election. She has it, if there is no will. She has it, if there is a will and she takes under it.
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Error to Clark Circuit Court. I. The election of the plaintiff to take under the statute “was simply in lieu of her rights under the will.” II. If the widow takes under the will, she is entitled, in addition, to the four hundred dollars absolute allowance provided by §§ 35, 36, 37, Wagn. Stat., 88. III. The widow’s right to this allowance does not depend on the election or non-election. She has it, if there is no will. She has it, if there is a will and she takes under it. She has it, if she elects to take one-half when there are no children. The absolute title passes to the widow by…
1Opinion of the CourtSherwood, Judge
William Griffith, the decedent, by his last will bequeathed to his widow, Elizabeth Griffith, one-third of all his lands during her natural life, and one-third of his personal or mixed property absolutely subject to the payment of his debts, &c.
The residue of his estate was devised to his adopted son, William Griffith Lee.
The widow refused to accept the provisions of the will and filed her declaration under sec. 5, chap. 47, 1 Wagn. Stat. 539, whereby she made her election to be endowed of .one-half the real and personal estate belonging to her husband at the time of his death absolutely;…
2Cases cited4 opinions
- Hastings v. Myers' AdministratorSupreme Court of Missouri · 1855
- Cummings v. CummingsSupreme Court of Missouri · 1873
- Wigley v. BeauchampSupreme Court of Missouri · 1873
- Matney v. GrahamSupreme Court of Missouri · 1872
3Cited by11 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Glenn v. GunnMissouri Court of Appeals · 1901
- Hoyt v. DavisMissouri Court of Appeals · 1886
- Martin v. JonesMissouri Court of Appeals · 1911
- Young v. BoardmanSupreme Court of Missouri · 1888
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