Warren v. Williams
Missouri Court of Appeals
Appeal from tlie Cape Girardeau Court of Common Pleas, Robert L. Wilson, Judge. The common law respecting dower proper, and its incidents, has been changed in this state, and is repugnant and inconsistent with the statute law. Rev. Stat., sects. 2186, 3117; Kelley’s Probate, 351; Bryant's. McQune, 48 Mo. 548. The life estate of the widow of William Williams, and the fee-simple title of his children to his real estate, vested immediately at his death.
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Appeal from tlie Cape Girardeau Court of Common Pleas, Robert L. Wilson, Judge. The common law respecting dower proper, and its incidents, has been changed in this state, and is repugnant and inconsistent with the statute law. Rev. Stat., sects. 2186, 3117; Kelley’s Probate, 351; Bryant's. McQune, 48 Mo. 548. The life estate of the widow of William Williams, and the fee-simple title of his children to his real estate, vested immediately at his death. Rev. Stat., sect. 4003 ; Wommaclt r>. Whitmore, 58 Mo. 448. That was sufficient to create the inchoate right of dower in the plaintiff in error…
1Opinion of the CourtThompson, J.
This was a proceeding for partition among the heirs of William Williams, deceased. The sole question which arises on the record is, whether Maria E. Green is entitled to a portion of the proceeds of the sale for partition, in lieu of a dowrer interest in the lands, as widow of Thomas J. Williams, son of William Williams. William Williams devised his estate to his widow for life, the remainder to his children, and thereafter died. Before the death of his widow, his son, Thomas J. Williams, died, leaving, a widow, Maria E. Williams, who subsequently inter-married with Samuel N. Green. After the…
2Cases cited2 opinions
- Gentry v. WoodsonSupreme Court of Missouri · 1846
- Rhorer v. BrockhageMissouri Court of Appeals · 1884