Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1856-11-20
What Widows are Entitled To.

is supeICeueu NY the act OF 1901,
the provision Of the first act need
not be stated. By 1887 CHI. Is, Sec
ton l, the widow of any interstate
shall have ''set apart SO much of
the crop, stock, provisions, on hand or
due, or other assets, as may be neces-
sary for the support of herself and
family after the death of her hus-
band, which shall be the absolute |
property Of such widow for the use
aforesaid, and shall not be taken
into the account of the administration
of the estate" Sec..2. this years
support "shall not be liable to be-
taken by any precept or execution
whatsoever" By 1S41 ch. 4. Sec
/. widows dissenting to the wills of
their husbands shall be entitled and
receive one year provisions in the
same way and to the same extent
as if their husbands had departed
! this life intestate."
These acts were conceived in
spirit of just regard to the affection,
the helplessness, and the necessities
of widows immediately after the death
of the husband. They evince that
the legislature intended to confer on
widows. under such circumstances, a
liberal allowance. Therefore the word
"flEaily' is constructed to include
children, who, being under age re-
side with the mother, and constitute
part Of her family; and it makes no
difference as TO the sense of the
word whether the children were OIL
spring ola former marriage or were the
children ofthe MISUNDERSTANDING VS..
Sauderlins Adms. l Swans Rep.
AL. In this case it appears that
Saudprlin married a widow with three
ichildren. and died without having
any children by her, leaving an estate
worth about fifteen thousand dollars.
The county court appointed COM
missioners to lay off the widows sup.
port; and they laid off and reported
the following articles for her support:
20 barrels of corn. 2 barrels of
flour, % lbs of coffee, 90 pounds Of
brown sugar, l sack Of salt, so
pounds of soap, and / pound of pep
per. The county court thought it
insufficient and appointed other COM
missioners to lay off to Mrs Sauder-
lin and her three children, an additions
al support. They reported that S463
additional should be allowed. This
was rejected by the county court
and also by the circuit court, and the
widow appealed to the Supreme Court.
The Supreme Court in delivering
their opinion said: In this case, the
allowance first made was niggardly
in the extreme And they ordered
the administrator to pay the money
allowed by the last commissioners.
End. Property exempt from erecu-
ton. Previous to the last session
of the Legislature the acts of assembly
and decision of the Supreme Court,
upon this subject left the law in pain
full uncertainty. But by an act pass
ed February 10Th, 1S56,ch. II. the pro-
perry exempted from execution and
attachmentin the hands of the heads OF
families, and householders engagedin
f agriculture is defined. And by another
act passed the same day, CHI. SO, it is
enacted that the property now exempt
from execution, shall on the death Of
the husband be exempted from execu-
ton in the hands of and vested in
the widow, without regard to the
} size of the estate of the deceased
: for herself, and in trust, for the ben
} eft Of the children of the deceased
, and shall not 60 to the executor OIL
administrator of the estate.
/. Sd. Distribution share. LIST
When any person shall die interstate
leaving no legitimate child or chi.dren,
: or the descendants of such living, but
f leaving widow, then and in that case
the widow shall be entitled to the
/. whole surplus after payment of debts
lin addition to dover. 1874 Oh. I'll.
End. When any person shall die
interstate, or leaves will from which
his widow shall dissent, leaving a
widow and one or more child or chill
dren, the surplus of the personal
estate after payment of debts shall
be equally divided between such wild
T ow and child or children, or the de-
J, scendants of such child or children.
1854 ch. %, see. 8 last clause, lS4S,
oh. 2lO. Armstrong; Admir- VS..
: Park -Devisees 9 Hum. 203 and
10 Yer's. 325. h e.fea 3ad .eoif
4th. Dower.-If the husband dies
/ intestate or leaves o will from which
, his widow disSents sha IL entitled To