McKean v. Brown

Summary

The Kentucky Court of Appeals held that a divorce bars a former wife's claim to dower, including in land conveyed by her former husband while they were married. Because the appellant was no longer the grantor's wife or widow at his death, she had no dower interest in his estate under the applicable statute.

Holdings

1. A divorce bars the former wife's claim to dower, including dower in land conveyed by the husband while the marital relationship existed.
2. The petition must be construed as alleging a divorce terminating the marriage, not merely a divorce from bed and board, because the plaintiff expressly alleged that she was not Hiram McKean's wife at the time of his death.

Questions Presented

1. Whether a divorce bars the former wife's claim to dower in land that her husband conveyed during the marriage.
2. Whether the allegation that the plaintiff had been divorced should be construed as alleging only a divorce from bed and board.

Disposition

affirmed