Moran v. Stewart
Supreme Court of Missouri
Appeal from Andrew Circuit Court. — Hon. A. D. Burnes, Judge. The question is, Will an estate, limited to widowhood, and settled by contract before marriage, if unaccepted, bar dower, leaving out of view for the present the questionable character of such a contract between a man and a woman aged respectively seventy and thirty years? The ease is freed of all equitable considerations.
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Appeal from Andrew Circuit Court. — Hon. A. D. Burnes, Judge. The question is, Will an estate, limited to widowhood, and settled by contract before marriage, if unaccepted, bar dower, leaving out of view for the present the questionable character of such a contract between a man and a woman aged respectively seventy and thirty years? The ease is freed of all equitable considerations. The widow’s occupancy must be referred to her right of quarantine and homestead, and defendant himself pleaded and proved that she had in fact disavowed the marriage contract by filing an election within twelve…
1Opinion of the CourtMarshall, J.
This is a suit for dower by the plaintiff, the widow of David Moran, who died March 13, 1892, testate, seized of an estate of inheritance in the land, to-wit, the southeast quarter of section 29;-the southwest quarter of section 28; the west half of the southeast quarter of section 28; the southwest quarter of the northwest quarter, and the southwest quarter of the northeast quarter, and the north half of the southeast quarter of the northeast quarter of section 28, township 60, range 34, containing five hundred acres, more or less. Four thousand dollars damages for -detention of dower are…
2Cases cited4 opinions
- Pierce v. . PierceNew York Court of Appeals · 1877
- Moran v. StewartSupreme Court of Missouri · 1894
- Logan v. PhillipsSupreme Court of Missouri · 1853
- Moran v. StewartSupreme Court of Missouri · 1895
3Cited by10 opinions
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Reger v. RegerSupreme Court of Missouri · 1927
- Rumans Ex Rel. Jackson v. LighthizerSupreme Court of Missouri · 1952
- Crawford v. ArendsSupreme Court of Missouri · 1943
- King v. KingSupreme Court of Missouri · 1904
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