68 Mo. 155 | Mo. | 1878
John Bauer died and his widow administered upon his estate. Owing to her marriage with her co-plaintiff, Wm. Drowry, her letters became revoked. Thereupon, she made settlement of the estate, showing the sum of $203.26 in her hands, arising from the sale of personal estate. The then administrator de bonis non, Adam Bauer, received that sum and applied it to the payment of classified debts, prior to February, 1871. Adam Bauer resigned his letters in 1878. The present defendant becoming his successor, administered upon the estate, and in due course of administration sold real estate from the proceeds whereof, there will be, after payment of all debts, $700. The widow, Mary T., prior to the settlement with the county court had received under Wag. Stat., sec. 85, p. 85, vol. 1, $228 in personal property. The present proceeding was instituted in 1874 to obtain the residue of the $400 allowed under the provisions of section 35, supra, arid certain declarations of law denying her right of recovery, under the above noted circumstances, were refused the defendant, and this presents the only question for solution.
The right of the widow, in such cases, is purely statutory, and is, therefore, to be governed and determined by the rules and conditions which the statute itself prescribes.
Reversed.