Wood v. Simmons
Supreme Court of Missouri
Appeal from Saline Circuit Court. In 1836, the plaintiff, wbo was the daughter of Rice Wood, deceased, intermarried- with Albert Gr. Wood. In 1848, her father died intestate, leaving a widow and four children, including herself. Afterwards, on a division of the estate, the widow’s dower was assigned and delivered to her, and consisted of real estate, some slaves and other personal property.
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Appeal from Saline Circuit Court. In 1836, the plaintiff, wbo was the daughter of Rice Wood, deceased, intermarried- with Albert Gr. Wood. In 1848, her father died intestate, leaving a widow and four children, including herself. Afterwards, on a division of the estate, the widow’s dower was assigned and delivered to her, and consisted of real estate, some slaves and other personal property. In May, 1849, the plaintiff and her husband, by their deed of that date, duly acknowledged and certified so as to pass the wife’s real estate, in consideration of $500, sold to the defendant, Simmons, the…
1Opinion of the CourtRyland, Judge
The questions involved in this case are of much importance to the community, and have engaged our earnest and serious attention. These questions have met with different solutions in some of the states of our Union. But we are inclined to think that the weight of authority, both in England and in this country, is on the side of the plaintiff, Wood. Do the facts in this case authorize the court to declare that, in the present state of the law, the wife’s right of survivorship must prevail over the assignee of the husband and wife ? We answer in the affirmative.
1. Here, the divorce obtained by…
2Cases cited2 opinions
- Griswold v. PennimanSupreme Court of Connecticut · 1818
- Leakey v. MaupinSupreme Court of Missouri · 1847
3Cited by4 opinions
- Charter Oak Life Insurance v. BrantSupreme Court of Missouri · 1871
- Walker's Administrator v. WalkerSupreme Court of Missouri · 1857
- Hunt v. ThompsonSupreme Court of Missouri · 1875
- Croft v. BoltonSupreme Court of Missouri · 1861