King v. King
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Now. James E. Hazell, Judge. (1) The court erred in admitting, over appellant’s objection, the antenuptial agreement, and erred in rendering judgment against appellant excluding her from dower in her deceased husband’s estate. There is no provision made in said agreement which expressly declares the agreement to be in full discharge of dower and unless it is so expressed in said agreement, dower is not barred.
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Appeal from Cooper Circuit Court. — Now. James E. Hazell, Judge. (1) The court erred in admitting, over appellant’s objection, the antenuptial agreement, and erred in rendering judgment against appellant excluding her from dower in her deceased husband’s estate. There is no provision made in said agreement which expressly declares the agreement to be in full discharge of dower and unless it is so expressed in said agreement, dower is not barred. R. S. 1899; sec. 2950; Perry v. Perryman, 19 Mo. 469; Dudley v. Davenport, 8.5 Mo. 462; Farris v. Coleman, 103 Mo. 352.; Martin v. Norris, 91 Mo.…
1Opinion of the CourtGantt, P. J.
This is a partition suit tried in the circuit court of Cooper county, in which the farm of William W. King, deceased, consisting of about two hundred and thirty' acres, is sought to be partitioned among his heirs. •
The appellant, Susan King, is the widow of .said William W. King, and in the judgment and decree in this case the circuit court adjudged and decreed.that the said widow was not entitled to dower in said real estate, but by its decree tl\e court expressly excluded her from sharing in said estate.
*103There was an antenuptial agreement entered into October 21, 1885, between said William…
2Cases cited8 opinions
- McGee v. McGeeIllinois Supreme Court · 1878
- Mowser v. MowserSupreme Court of Missouri · 1885
- Perry v. PerrymanSupreme Court of Missouri · 1854
- Farris v. ColemanSupreme Court of Missouri · 1890
- Moran v. StewartSupreme Court of Missouri · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Reger v. RegerSupreme Court of Missouri · 1927
- Wilson v. WilsonSupreme Court of Colorado · 1913
- Breshears v. BreshearsSupreme Court of Missouri · 1950
- Breshears v. BreshearsSupreme Court of Missouri · 1950
8 more not listed; retrieve them via the Exa API.