Wendler v. Lambeth
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Son. Jos. D. Perkins, Judge. (1) “Dowry” and “dower” are synonymous, and applied to real estate, at common law and under our statute always mean a life estate in one-third of the land of which deceased was seized, which goes to his wife. It does not apply to other than the wife. 10 Am. and Eng. Ency.
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Appeal from Jasper Circuit Court. — Son. Jos. D. Perkins, Judge. (1) “Dowry” and “dower” are synonymous, and applied to real estate, at common law and under our statute always mean a life estate in one-third of the land of which deceased was seized, which goes to his wife. It does not apply to other than the wife. 10 Am. and Eng. Ency. Law (2 Ed.), p. 125, and note on p. .126; Anderson’s Law Dictionary, p. 381; Hastings v. Myers, 21 Mo. 526; Buford’s Admr. v. Buford’s Exr., 49 Mo. 541; R. S. 1889, sec. 4513; 29 Am. and Eng. Ency. Law (1 Ed.), p. 349, and note; 5 Am. and Eng. Ency. Law (1…
1Opinion of the CourtGantt, J.
This is a suit in ejectment for the southeast quarter of the southwest quarter of section 21, township 29, of range 29, Jasper county, brought in the circuit court of Jasper county, November 16, 1891. There is no dispute as to the facts.
E. W. Wendler is the common source of title. E. W. Wendler died testate, in Jasper county, in July, 1891. That part of his will (dated June 21, 1881) affecting the title to the forty acres of land in controversy, is as follows:
“Unto my nephew, Herman Schütz, son of O. H. Schütz and wife, she being formerly Christina Wendler, I devise the inheritance of one…
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