Hastings v. Myers' Adm'r

• Decision Date: 31 October 1855
• Citation: 21 Mo. 519
• Parties: E. & G. HASTINGS, Appellants, v. MYERS' ADMINISTRATOR, Respondent.
• Court: Missouri Supreme Court

21 Mo. 519

E. & G. HASTINGS, Appellants,

v.MYERS' ADMINISTRATOR, Respondent.

Supreme Court of Missouri.

October Term, 1855.

1. The right of a widow to two hundred dollars' worth of property under sections 30, 31 and 32, of article 2, of the administration law of 1845, (see R. S. 1845, p. 77,) is absolute and vests immediately upon the death of her husband; and in case the personal property belonging to the estate of the husband is converted into money, and the widow dies without receiving her portion of $200, her administrator will be entitled to receive such money, against creditors of her husband's estate.

2. Where, in such a case, there has been no administration upon the widow's estate, it would be error to order the money to be paid to the children of such widow, as her representatives, or to their guardian for them. The widow's estate should be distributed through her administrator.

Appeal from Lincoln Circuit Court.

The facts sufficiently appear in the opinion of the court.

T. R. Cornick, W. Porter and W. M. Cooke, for appellants.

I. The 30th, 31st, and 32d sections of article 2 of the administration law of 1845, do not vest an absolute property in the widow, but only a right of election; and if she dies without electing what property to take, and without applying to the county court and having the same allowed her, no title passes to her legal representatives. II. If, however, the widow's right was absolute, it did not descend directly to her heirs, but can only be claimed by her administrator. (8 Mo. Rep. 437.)

Hunt and Wheeler, for respondent.

SCOTT, Judge, delivered the opinion of the court.

Jacob Myers died leaving a widow, Margaret Myers, who died leaving children before she had received from her husband's estate the sum of two hundred dollars in property, as a part of her dower, allowed by the administration law. Barnet Myers, the administrator of Jacob Myers, on a settlement with the county court, showed that there was in his hands the sum of $195 08. The appellants being creditors of the estate of Jacob Myers, claimed this sum. The children of Margaret Myers, the widow of Jacob Myers, likewise claimed it as the heirs of their mother, it being due their mother's estate as part of her dower in the estate of her deceased husband.

The county court ordered this money to remain in the hands of the administrator for the payment of debts. From this judgment an appeal was taken to the Circuit Court, where the judgment of the county court was reversed, and the money ordered to be paid to the children of the widow. From this judgment, an appeal was taken to this court.

1. By the common law, the widow's dower, consisting of a life estate in the lands whereof her husband was seized during the coverture, if her dower was not assigned before her...