Bretz v. Matney
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. The will required an election, and when the widow elected to take under the will it provided that the bequest should “be in lieu of her dower in the whole estate” of the deceased. (Pemberton vs. Pemberton, 29 Mo. 408 ; Brant’s Will, 40 Mo., 277 (at bottom); 2 Sto. Eq. Jur., § 1075 — 1123 and cases cited; Wagn. Stat., 541, §§ 15,16.) II.
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Appeal from Buchanan Circuit Court. I. The will required an election, and when the widow elected to take under the will it provided that the bequest should “be in lieu of her dower in the whole estate” of the deceased. (Pemberton vs. Pemberton, 29 Mo. 408 ; Brant’s Will, 40 Mo., 277 (at bottom); 2 Sto. Eq. Jur., § 1075 — 1123 and cases cited; Wagn. Stat., 541, §§ 15,16.) II. The status of the rights of the widow under the will and in the estate of her deceased husband, was fixed when she elected to take under the will, and could not be changed by a subsequent renunciation of the provisions of…
1Opinion of the Court
Nafton, Judge,
delivered tbe opinion of the court.
This case involves the construction of the will of John Bretz, and of our statutes concerning Wills and Dower.
That portion of the will of Bretz concerning his widow is this : “ It is my will that my wife, Julia Ann, may keep all that portion of the tract of land upon which I live, that lies east of the road running north through said tract, which will be about thirty-five acres, including all the buildings, so long as she remains my widow, or so long as she may live, but whenever she should marry again, or whenever she should die, then my…
2Cited by13 opinions
- Kerner v. PetersonIllinois Supreme Court · 1937
- In re Estate of ConnorSupreme Court of Missouri · 1914
- Register v. HensleySupreme Court of Missouri · 1879
- Spratt v. LawsonSupreme Court of Missouri · 1903
- Glenn v. GunnMissouri Court of Appeals · 1901
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