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Reports of Cases Determined in the Supreme Court of the State of Missouri (Volume 211)

Reports of Cases Determined in the Supreme Court of the State of Missouri (Volume 211)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Brewington v. Brewington. be both, to such widow and children, and shall continue for their benefit..., until the youngest child shall attain its legal majority, and until the death of such widow; that is to say, the children shall have the joint right of occupation with the widow until they shall arrive respectively at their majority, and the widow shall have the right to occupy such homestead during her life or widowhood, and upon her death or remarriage it shall pass to the heirs of the husband; and the probate court having jurisdiction of the estate of the deceased housekeeper, or head of a family, shall, when necessary, appoint three commissioners to set out such homestead to the person or persons entitled thereto." In construing that section, it has been uniformly and consistently held that the homestead right therein directed to pass and vest is not a mere privilege or exemption. To the contrary, the language employed clearly imports something more than a privilege or exemption, apt words are used importing an estate, viz.: that a life estate (determinable, as the statute now stands, on the remarriage of the widow) vests, eo instanti, by virtue of that section on the death of the head of a family, in his widow; and an estate for years (determinable as to each minor when he reached his legal majority) vests in his minor children. Elstroth v. Young, 83 Mo. App. 1. c. 258; Hufschmidt v. Gross, 112 Mo. 1. c. 659, ct seq.; Wilson v. Johnson, 160 Mo. 1. c. 515; West v. McMullen, 112 Mo. 1. c. 411, and cases cited. So much must be held settled law. In further developing the idea in mind, we may profitably attend to Macke v. Byrd, 131 Mo. 682. That case holds that in Missouri a homestead during the life of the head of the family may be moved about. It was ...


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Product Details
  • ISBN-13: 9781153844154
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 262
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 115384415X
  • Publisher Date: 30 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 526 gr


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