63 Mo. App. 356 | Mo. Ct. App. | 1895
Plaintiff is the widow of John T. Cauley, who left four infant children and an estate of personal property, as well as some debts outstanding against him. She executed a renunciation of her right to administer and the defendant was duly appointed administrator by the probate court. Plaintiff afterward filed her application in the probate court for an order that defendant pay her, as her dower in the personalty, the sum of $400, and also $350, as one year’s maintenance of herself and family. To this application defendant answered by alleging that plaintiff had, by writing, released all her right to the dower or year’s support, except in what might remain after all debts had been paid. The probate court refused to hear such defense and allowed to plaintiff $400, as her dower and $175 for a year’s maintenance. Defendant appealed to the circuit court. The latter court’ struck out that defense and made plaintiff the same allowance as the probate court had given.
It appears from the record and' statement of counsel that there was, notwithstanding the defense was stricken out, some investigation in the circuit court of the question of whether plaintiff’s release had been
It follows from the foregoing that the judgment could not have been otherwise than as rendered by the circuit court, and it will therefore be affirmed.