Pemberton v. Pemberton
Supreme Court of Missouri
Error to Callaway Circuit Cowrt. In 1858 Edmund Pemberton, tbé husband of Jane Pem-berton, the plaintiff, died, haying made a will, which substantially is as follows: “Know all men, &c., that I, Edmund Pemberton, of, &c., do this 29th day of April, 1853, make my last will and testament as follows: First, my funeral expenses and all my just debts to be paid; second, I will and bequeath to my wife Jane Pemberton a certain portion of my land, commencing, &c., [describing a…
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Error to Callaway Circuit Cowrt. In 1858 Edmund Pemberton, tbé husband of Jane Pem-berton, the plaintiff, died, haying made a will, which substantially is as follows: “Know all men, &c., that I, Edmund Pemberton, of, &c., do this 29th day of April, 1853, make my last will and testament as follows: First, my funeral expenses and all my just debts to be paid; second, I will and bequeath to my wife Jane Pemberton a certain portion of my land, commencing, &c., [describing a tract of about eighty-six acres, including the dwelling house,] to belong to her with all the appurtenances thereunto…
1Opinion of the CourtScott, Judge
This is a suit for, the assignment of dower under the dower law of the code of 1845. The testator having devised both *412real and personal estate to Ms wife, the question arises whether that devise, if accepted, bars the widow’s right to dower in both the real and personal estate. The tenth section of the dower act of the code of 1845, and which is continued in the present code, provides, if any testator by will shall pass any real estate to his wife, such devise shall be in lieu of dower out of the real estate of her husband whereof he died seized, unless the testator, by his will, otherwise…
2Cases cited2 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Halbert v. HalbertSupreme Court of Missouri · 1854
3Cited by19 opinions
- Washburn v. Van SteenwykSupreme Court of Minnesota · 1884
- Glenn v. GunnMissouri Court of Appeals · 1901
- Hoyt v. DavisMissouri Court of Appeals · 1886
- Schorr v. EtlingSupreme Court of Missouri · 1894
- Estate of Goessling v. GoesslingSupreme Court of Missouri · 1921
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