Von Arb v. Thomas
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. IF. Rucker, J udge. (1) “A widow is not dowable of land in wbicb her husband has only a vested remainder expectant upon an estate for life.” There was no seizin of the lands in the remainderman, he having died during the lifetime of his mother, who had a freehold of the land in her life estate. 4 Kent Com., sec. 40; 10 Am. and Eng.
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Appeal from Carroll Circuit Court. — Hon. W. IF. Rucker, J udge. (1) “A widow is not dowable of land in wbicb her husband has only a vested remainder expectant upon an estate for life.” There was no seizin of the lands in the remainderman, he having died during the lifetime of his mother, who had a freehold of the land in her life estate. 4 Kent Com., sec. 40; 10 Am. and Eng. Eney. of Law (2 Ed.), p. 134; 1 Bishop on Married Women, secs. 250, 273, 277; 1 Washburn on Real Prop. (5 Ed.), pp. 154, 204; Tiedeman on Real Prop., sec. 116; 1 Scribner on Dower, pp. 217, 233, 249, 308, 321; Rodgers,…
1Opinion of the CourtGantt, J.
This is an action of ejectment for certain lands in Carroll county. Henry Knipschild is the admitted common source of title.
*38The cause was tried upon the following agreed statement of facts:
“Henry Knipschild died on the twenty-eighth day of August, 1874, leaving the following will, which was duly probated October 1,- 1874:
“ T, Henry Knipschild, make this my last will and testament. I desire that my wife Elizabeth, after my death, shall have all my property, real and personal, for her lifetime, and that after her death all shall go to my son, George, provided he is of legal age. I appoint John…
2Cases cited5 opinions
- Newton v. NewtonSupreme Court of Missouri · 1901
- Null v. HowellSupreme Court of Missouri · 1892
- Davis v. EvansSupreme Court of Missouri · 1890
- Martin v. TrailSupreme Court of Missouri · 1897
- Payne v. PayneSupreme Court of Missouri · 1893
3Cited by6 opinions
- Barker v. St. Louis CountySupreme Court of Missouri · 1937
- Klocke v. KlockeSupreme Court of Missouri · 1919
- Moore v. HoffmanSupreme Court of Missouri · 1931
- O'Brien v. Sedalia Trust Co.Supreme Court of Missouri · 1928
- Nies, Admx. v. Stone, Exec.Missouri Court of Appeals · 1938
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