Wigley v. Beauchamp
Supreme Court of Missouri
Appeal from, Livingston Circuit Court. I. Respondent on electing to take a child’s part in the real estate of her hraband, thereby renounced her dower in such real estate, and a child’s share therein, so elected by her to be taken, became and was a fixed and an absolute estate in fee simple. Such interest is not dower, but in lieu of, and a substitute therefor, and she thus became a tenant in common with her two minor children, with a similar fixed and ascertained interest.
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Appeal from, Livingston Circuit Court. I. Respondent on electing to take a child’s part in the real estate of her hraband, thereby renounced her dower in such real estate, and a child’s share therein, so elected by her to be taken, became and was a fixed and an absolute estate in fee simple. Such interest is not dower, but in lieu of, and a substitute therefor, and she thus became a tenant in common with her two minor children, with a similar fixed and ascertained interest. And in such case, no action oü her part for the assignment and admeasurement of her interest or for damages would or…
1Opinion of the CourtEwing, Judge
This was a suitby attachment against the defendant Mary F. Beauchamp, widow of James Beauchamp-, deceased, to recover four thousand twelve and 61-100 dollars for goods, wares and merchandise alleged to have beeu sold and delivered to her. The ground of the attachment-was non-residence. The cause was taken by change of venue from the Common Pleas Court of Livingston county to the Circuit Court of said county.
The answer denies the indebtedness and alleges that she, the defendant, is the widow of Jas. Beauchamp, and that the only property attached or which purports to be attached as appears by…
2Cases cited2 opinions
- Orrick v. PrattSupreme Court of Missouri · 1863
- Matney v. GrahamSupreme Court of Missouri · 1872
3Cited by8 opinions
- Keeney v. McVoySupreme Court of Missouri · 1907
- Wilkinson v. BruneMissouri Court of Appeals · 1984
- Griffith v. CanningSupreme Court of Missouri · 1873
- Beem v. KimberlyWisconsin Supreme Court · 1888
- Final Settlement of Tyler v. CartwrightMissouri Court of Appeals · 1890
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