McBreen v. McBreen
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. JE. L. Scarritt, Judge. (1) It is tbe settled law of' this State tbat tbe husband is entitled to curtesy in all estates of inheritances of which the wife dies seized either at law or in equity, and the limitation of estates to the sole and separate use of the wife will not debar the husband from curtesy, as such limitations necessarily terminate upon the death of the wife.
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Appeal from Jackson Circuit Court. — Hon. JE. L. Scarritt, Judge. (1) It is tbe settled law of' this State tbat tbe husband is entitled to curtesy in all estates of inheritances of which the wife dies seized either at law or in equity, and the limitation of estates to the sole and separate use of the wife will not debar the husband from curtesy, as such limitations necessarily terminate upon the death of the wife. Alexander v. Warrance, 17 Mo. 228; Tremmel v. Kleiboldt, 75 Mo. 255; Soltan v. Soltan,'93 Mo. 307; Watts v. Ball, 1 P. Williams 108; Parker v. Carter, 4 Hare 400; Eollet v. Tyes, 14…
1Concurrence
SEPARATE OPINION.
GANTT, P. J.
I concur in affirming the judgment on the grounds that the deed to Mrs. McBreen in my opinion clearly excludes the curtesy of her husband, but I dissent from so much of the opinion as criticises and seeks to overrule the decision of the Court in Banc in Shaffer v. Kugler, 107 Mo. 58.
2Cases cited1 opinion
- Shaffer v. KuglerSupreme Court of Missouri · 1891