Gore v. Riley
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — I-Ion. E. P. Gates, Judge. The statute provides (Laws 1895, p. 186) that if the widow remarries, her homestead is forfeited. Rut the statute on dower (Revised Statutes 1889, section 4513), provides that the widow shall hold one-third for life. Hence, when homestead constitutes part of the dower, it can not be forfeited by the remarriage of the widow.
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Appeal from Jackson Circuit Court. — I-Ion. E. P. Gates, Judge. The statute provides (Laws 1895, p. 186) that if the widow remarries, her homestead is forfeited. Rut the statute on dower (Revised Statutes 1889, section 4513), provides that the widow shall hold one-third for life. Hence, when homestead constitutes part of the dower, it can not be forfeited by the remarriage of the widow. Therefore, in cases like the present, where the dower exceeds the homestead interest, we may entirely disregard the provision of the statute that the widow shall forfeit homestead on remarriage because in this…
1Opinion of the CourtBurgess, J.
This suit was instituted by J. A. Riley, Administrator of the estate of John T. Riley, deceased, but since it has been pending in this court J. A. Riley died, and the present plaintiff has been duly appointed administrator of said estate, and upon his motion substituted as plaintiff herein instead of J. A. Riley, deceased.
On the seventh day of December, 1896, the administrator of John T. Riley, deceased, filed his petition in the probate court of Jackson county, in which it was alleged that said John T. Riley died seized of the following described real estate situate in the county of Jackson…
2Cases cited3 opinions
- Rhorer v. BrockhageSupreme Court of Missouri · 1885
- Canole v. HurtSupreme Court of Missouri · 1883
- Bryan v. RhoadesSupreme Court of Missouri · 1888
3Cited by5 opinions
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Jordan v. RudluffSupreme Court of Missouri · 1915
- Coleman v. ColemanMissouri Court of Appeals · 1907
- Cassity v. PoundSupreme Court of Missouri · 1902
- Martin v. MartinSupreme Court of Missouri · 1926