Richter v. Bohnsack
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. Hon. R. G. Ranney, Special Judge. The sole point raised by appellant is his right to a homestead in his wife’s estate. The case of Keyte v. Perry, 26 Mo.
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Appeal from Cape Girardeau Court of Common Pleas. Hon. R. G. Ranney, Special Judge. The sole point raised by appellant is his right to a homestead in his wife’s estate. The case of Keyte v. Perry, 26 Mo. App. 894, expressed an opinion contrary to the contention of appellant; but in- so far as that case seems to hold, that the homestead is for the wife and children or wife only, it is at variance with repeated decisions of this court, Bhorer v. Broclehage, 86 Mo. 545; Cañóle v. B/wrt, 78 Mo. 649.
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for a house and lot in the city of Cape Girardeau. Plaintiffs are the devisees of Mrs. Louisa Bohnsaek, formerly Mrs. Westerholt, deceased, and the defendant her late husband. At the time of the death of Mrs. Bohnsaek, she and the defendant resided on the lot as their homestead. No children were born of the marriage of Mr. and Mrs. Bohnsaek. The husband was a widower, with one minor son and an unmarried daughter at the time of his marriage to Mrs. Westerholt. Whether these children lived with defendant at the time of the death of Mrs. Bohnsaek does not appear…
2Cases cited1 opinion
- Kendall v. PowersSupreme Court of Missouri · 1888
3Cited by3 opinions
- Casler v. GraySupreme Court of Missouri · 1901
- Chapman v. McGrathSupreme Court of Missouri · 1901
- Collier v. PorterSupreme Court of Missouri · 1929