Cassity v. Pound
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The report of the commissioners should have been set aside, because they gave defendant for life, one-third of the whole estate in actual value. No homestead was set out by the commissioners at all, but its value, as found by them, was added to the value of the dower.
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Appeal from Linn Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The report of the commissioners should have been set aside, because they gave defendant for life, one-third of the whole estate in actual value. No homestead was set out by the commissioners at all, but its value, as found by them, was added to the value of the dower. Their first duty was to set out the homestead in value, and deduct it from the value of the dower (the homestead being less than the dower). The homestead must first be set out, and until so done, dower can not be set off or ascertained. R. S. 1889, sec. 5440; R.…
1Opinion of the CourtMarshall, J.
This is a proceeding by the executor of Presley Pound, under section 4546, Revised Statutes 1889, to have the homestead set apart to the defendant, and also to have the dower of the defendant in the lands of the deceased admeasured and set apart to her. The defendant renounced the provisions of the will in her favor and elected to take homestead and dower. In her answer, she alleged that the homestead was untenantable, and that she had abandoned her rights-to it as a homestead (there were no minor children), and she further asked to have the value of her dower interest computed and paid to…
2Cases cited1 opinion
- Gore v. RileySupreme Court of Missouri · 1901
3Cited by2 opinions
- Coleman v. ColemanMissouri Court of Appeals · 1907
- Mickey v. StateCourt of Criminal Appeals of Texas · 1906