Orrick v. Pratt
Supreme Court of Missouri
Appeal from St. Charles Probate Court. I. Dower is defined to be, “ the portion which a widow hath of the lands of her husband at his decease for the sustenance of herself and education of her children.” (Toml. Law Die. 578.) The “ child’s part ” is, therefore, nothing more than a measure of quantity. The election to take it does not change the nature or origin of the title — does not metamorphose “ dower” into “inheritance.”
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Appeal from St. Charles Probate Court. I. Dower is defined to be, “ the portion which a widow hath of the lands of her husband at his decease for the sustenance of herself and education of her children.” (Toml. Law Die. 578.) The “ child’s part ” is, therefore, nothing more than a measure of quantity. The election to take it does not change the nature or origin of the title — does not metamorphose “ dower” into “inheritance.” It is assigned as dower, and derives no odor from the statute of descents and distributions. The words of the statute are conclusive of the question. The widow may “…
1Opinion of the CourtBates, Judge
Orrick’s wife was the widow of Thomas J. Robbins, who died in April, 1859. At the time of the death of Robbins, he owned a tract of land in St. Charles county, and occupied a dwelling-house upon it, together with some land about *232it, used for out-liouses and stables, a garden, a meadow, and other lots. And adjoining this land, and on the same tract of land, was a field of sixty-six acres, which, at the time of Robbins’ death, was rented out and in the actual possession of a tenant. After the death of Robbins, his widow continued to occupy the part of which he died actually possessed, without…
2Cited by8 opinions
- Agan v. ShannonSupreme Court of Missouri · 1890
- Gentry v. GentrySupreme Court of Missouri · 1894
- Roberts v. NelsonSupreme Court of Missouri · 1885
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Blum, Admr. v. FrostMissouri Court of Appeals · 1938
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