Hastings v. Myers' Administrator
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. The facts sufficiently appear in the opinion of the court. I. The 30th, 31st, and- 32d sections- of article 2 of the administration law of 1845-, do not vest an absolute property in the widow, but only a right of election; and-if she dies without electing what property to take, and without applying to the county court and having the same allowed her, no title passes to her legal representatives. II.
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Appeal from Lincoln Circuit Court. The facts sufficiently appear in the opinion of the court. I. The 30th, 31st, and- 32d sections- of article 2 of the administration law of 1845-, do not vest an absolute property in the widow, but only a right of election; and-if she dies without electing what property to take, and without applying to the county court and having the same allowed her, no title passes to her legal representatives. II. If, however, the widow’s right was absolute, it did not descend directly to her heirs, but can only be claimed by her administrator. (8 Mo. Rep. 437.)
1Opinion of the CourtScott, Judge
Jacob Myers died leaving a widow, Margaret Myers, who died leaving children before she had received from her husband’s estate the sum of two hundred dollars in property, as a part of her dower, allowed by the administration law. Barnet Myers, the administrator of Jacob Myers, on a settlement with the county court, showed that there was in his hands the sum of $195 08. The appellants being creditors of the estate of Jacob Myers, claimed this sum. The children of Margaret Myers, the widow of Jacob Myers, likewise claimed it as the heirs of their mother, it being, due their mother’s estate as…
2Cited by31 opinions
- Howard v. StrodeSupreme Court of Missouri · 1912
- Cummings v. CummingsSupreme Court of Missouri · 1873
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Green v. TittmanSupreme Court of Missouri · 1894
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