70 Mo. 189 | Mo. | 1879
This was an action of ejectment to recover from defendants a tract of land ■ in Buchanan county, in the State of Missouri. The petition is in the usual form. Defendants answered, putting in a general denial. The case was tried on an agreed statement of facts, which is as follows:
That prior to October, 1874, Francis Register was the owner in fee simple of the land in .controversy, and lived on the same, having his dwelling house there; that prior to that time he had married one Matilda Hensley, who survived him as his widow; that in October, 1874, said Register died, leaving plaintiffs, who were adults and married, as his only children by a former wife; that said deceased left a will, by which he devised to-his wife, Matilda, for and during. her natural life, the land in controversy j also, as her absolute property, a large amount of personal property worth' $400, and all the balance of his property he devised to plaintiffs; that in the month of October, 1874, said will was duly proved up, and letters of admin