Halbert v. Halbert
| Decision Date | 31 March 1854 |
| Parties | HALBERT, Respondent, v. HALBERT et al., Appellants. |
| Court | Missouri Supreme Court |
1. A bequest of a slave to a widow does not, under the tenth section of the act concerning dower, bar her dower in real estate.
Appeal from Crawford Circuit Court.
C. Jones, for appellant.
M. Frissell, for respondent.
Petition for dower in land and slaves. The husband died, leaving his widow but no children. He made a will with a single clause, giving to the plaintiff, his widow, a female slave, saying nothing about her right in his other property, and making no disposition of any other property. The defendants answered, setting up the bequest of the slave as a bar to dower. The court disregarded the answer, and gave judgment for the plaintiff for dower in one-half of the land. The fact is found by the court, that the widow elected to be endowed under the third section of the act concerning dower, which gives her one-half of the real estate, subject to the payment of debts. The only question is, whether the answer sets up any bar to the petition.
1. The tenth section of the act concerning dower makes a devise of real estate to the wife a bar to her dower in the lands of the husband, unless she relinquishes the provisions made for her in the will, in the mode directed in the eleventh section. The bequest of the slaves does not, either under this section or any other law, bar her dower in the real estate, and as it is found by the court that she made the necessary election to entitle her to dower, under the third section, the judgment is affirmed, with the concurrence of the other judges.
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In re Estate of Goessling
...prescribed by the statute refuse to accept the provisions made for her by the will, have no application to the personal estate. Halbert v. Halbert, 19 Mo. 453; Pemberton v. Pemberton, 29 Mo. 408; Bryant Christian, 58 Mo. 103; Glenn v. Gunn, 88 Mo.App. 429. (6) By Sec. 349, R. S. 1909, when ......
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In re Goessling's Estate
...of the personal property. True it is that a bequest of personal property to a widow does not bar her dower in real estate. Halbert v. Halbert, 19 Mo. 453. But if the bequest be in lieu of dower, the widow cannot accept the bequest and also have dower. She is put to her election. Pemberton v......
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Martien v. Norris
... ... be endowed of the real estate whereof her husband died ... seized. R. S., secs. 2199, 2200; Halbert v. Halbert, ... 19 Mo. 453; Pemberton v. Pemberton, 29 Mo. 408; ... Bryant, Adm'r, v. McCune, 49 Mo. 546. The ... recital in the will was no ... ...
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Pemberton v. Pemberton
...out of the real estate of her husband whereof he died seized, unless the testator, by his will, otherwise declare. In the case of Halbert v. Halbert, 19 Mo. 453, it was held that the bequest of a slave to a wife, under the section just referred to, did not bar her dower in the real estate. ......