Young v. Boardman
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The will in this case gave the widow at least an equitable life estate in the homestead and thus “ passed” real estate to her. 1 Shars. Blackst., book 2, note 1, * 16 ; Bass v. Scott, 2 Leigh, 356; Wusthoff v. Dracourt, 3 Watts, 240; Collins v. Carmen, 5 Md. 503. (2) The writing of the widow herself, renouncing the will and electing to take half the estate, is a nullity.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The will in this case gave the widow at least an equitable life estate in the homestead and thus “ passed” real estate to her. 1 Shars. Blackst., book 2, note 1, * 16 ; Bass v. Scott, 2 Leigh, 356; Wusthoff v. Dracourt, 3 Watts, 240; Collins v. Carmen, 5 Md. 503. (2) The writing of the widow herself, renouncing the will and electing to take half the estate, is a nullity. Rannels v. Cerner, 80 Mr. 474. (3) Revised Statutes, section 2194, does not even assume to authorize the guardian to renounce the husband’s will for his ward,…
1Opinion of the CourtBlack, J.
This is a suit in equity to remove a cloud from the title to the real estate of the late Samuel M. Bowman, who died testate. Plaintiff brings the case here by appeal from a judgment sustaining a demurrer to the petition. The petition discloses these facts:
The will, which bears date March 14, 1885, was duly probated in the probate court of Jackson county on the ninth of June, 1885. The testator devised all of his real and personal property to Mr- Young, the plaintiff, to hold in trust, with power to sell the sáme and distribute the proceeds among the various legatees, some eighteen or twenty…
2Cases cited7 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- Bretz v. MatneySupreme Court of Missouri · 1875
- Griffith v. CanningSupreme Court of Missouri · 1873
- Thomas v. PullisSupreme Court of Missouri · 1874
- Gannett v. LeonardSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Andrews v. BassettMichigan Supreme Court · 1892
- Primeau v. PrimeauSupreme Court of Missouri · 1927
- Crooks v. LooseCourt of Appeals for the Eighth Circuit · 1929
- Nidy v. RiceMissouri Court of Appeals · 1931
- In Re Dellow's EstateMichigan Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.