Hamilton v. O'Neil
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The widow in this case takes, in the first instance, under the 3d section of the act concerning dower, R. L., 228, subject to the payment of debts.
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ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The widow in this case takes, in the first instance, under the 3d section of the act concerning dower, R. L., 228, subject to the payment of debts. The 12th section of article 6th of the administration law, R. L. p. 61, under which this motion was made, provides that “until the widow’s dower be assigned, the court shall order such sums to be paid her, out of the hire of slaves, and the rent of real estate, as shall be in proportion to her interest in slaves and real estate.” This section does not define this interest; but in effect…
1Opinion of the CourtScott, J.
This was a proceeding instituted by motion in the prolate court of St. Louis county, in the name of Mary O’Niel, widow of Hugh O’Niel, deceased, for the recovery of a portion of the rent of the real estate of said H. O’Neil, under the 12th section of the 6th article of the act respecting executors and administrators, which directs that until a widow’s dower is assigned, the court shall order such sum to be paid to her out of the hire of slaves, and rent of real estate, as shall be in proportion to her interest in the slaves and real estate. It appears that Hugh O’Neil died seized of real…
2Cited by2 opinions
- Welch v. AndersonSupreme Court of Missouri · 1859
- Winkler v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886