Keeney v. McVoy
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Row. George F. Long an, Judge. (1) It is a condition precedent in the section pro-' viding for a child’s part that the widow must have a child or children living by such husband at the time of his death before she can take a child’s part in lieu of dower.
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Appeal from Pettis Circuit Court. — Row. George F. Long an, Judge. (1) It is a condition precedent in the section pro-' viding for a child’s part that the widow must have a child or children living by such husband at the time of his death before she can take a child’s part in lieu of dower. R. S. 1899‘, sec. 2944. The right of a widow to elect to take a child’s part in lieu of dower is a statutory privilege conferring new and important benefits and outside of statute has no existence. It must, therefore, be exercised in substantial compliance with the statute. Price v. Woodford, 43 Mo. 247.…
1Opinion of the CourtLamm, J.
Prom a judgment in partition, adjudging to defendant an undivided half interest in a certain two hundred acres of land in Pettis county and confirming her fight (which she had exercised) as widow of one Brice McVoy to elect to take said one-half *48interest absolutely as a child’s part in lieu of dower in the whole tract, plaintiffs appeal.
Plaintiffs, husband and wife, on April 16, 1901, sue for partition in the right of the wife, Ada A., alleging she was born Hoss, the sole child of Sallie A. Hoss, deceased; that Sallie A. was born McVoy, the daughter of one Brice McVoy; that he was the husband…
2Cases cited25 opinions
- United States v. KirbySupreme Court of the United States · 1869
- Fusz v. SpaunhorstSupreme Court of Missouri · 1878
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Walton v. CottonSupreme Court of the United States · 1857
- Riddick v. WalshSupreme Court of Missouri · 1852
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3Cited by34 opinions
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- State ex rel. Spillers v. JohnstonSupreme Court of Missouri · 1908
- Holder v. Elms Hotel Co.Supreme Court of Missouri · 1936
- Klocke v. KlockeSupreme Court of Missouri · 1919
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
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