Register v. Hensley
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Gbubb, Judge. 1. The devise to Mrs. Register was in. lieu of dower, as the will did not otherwise provide. Wag. Stat., § 16, p. 541. The will vested in her a life estate until she availed herself of the provisions of the 16th section and renounced the devise in her favor. This could only be done by an election in writing.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Gbubb, Judge. 1. The devise to Mrs. Register was in. lieu of dower, as the will did not otherwise provide. Wag. Stat., § 16, p. 541. The will vested in her a life estate until she availed herself of the provisions of the 16th section and renounced the devise in her favor. This could only be done by an election in writing. Hence, she held under the will until her renunciation was made, and had not the election been made, she would have continued to hold a life estate in the land in controversy. The will created the interest in the land, and it…
1Opinion of the Court
Norton, J. —
This was an action of ejectment to recover from defendants a tract of land ■ in Buchanan county, in the State of Missouri. The petition is in the usual form. Defendants answered, putting in a general denial. The case was tried on an agreed statement of facts, which is as follows:
That prior to October, 1874, Francis Register was the owner in fee simple of the land in .controversy, and lived on the same, having his dwelling house there; that prior to that time he had married one Matilda Hensley, who survived him as his widow; that in October, 1874, said Register died, leaving…
2Cases cited2 opinions
- Riddick v. WalshSupreme Court of Missouri · 1852
- Bretz v. MatneySupreme Court of Missouri · 1875
3Cited by13 opinions
- Sutorius v. MayorSupreme Court of Missouri · 1943
- Monahan v. Estate of MonahanMissouri Court of Appeals · 1936
- Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
- Grooms v. MorrisonSupreme Court of Missouri · 1913
- Exchange National Bank of Winter Haven v. SmithSupreme Court of Florida · 1941
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