Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-02-20

MARION COMMON PLEAs-ln this Court, Judge
Rny presiding, the following important decisions
have been rendered during the present term:
Morton ct al. cs English. City Treasurer Held
that lien for city taxes does not attach upon per
sonal property until the tax duplicate comes into
the hands of the Treasurer
In the of Amanda + Pugh rs. Isaiah
Hornaday, executor, &c, of Isaac Pugh de-
ceased, the petitioner the widow of Isaac
Pugh, who died testate in September, 1861,
leaving personal property of the value of
twenty one thousand dollars, in which she claims
a diStributye share.
The executor filed demurrer to the petition.
not containing facts sufficient to constitute
cause of action.
| The Court must, under the application and the
demurrer thereto, decide whether the surviving
wife, where there is will made by her late hus-
band. can claim any distributive share in his per-
sonal estate when she does not elect to take un-
der the will.
Sec. IL Of the law of descents is as follows:
"lf husband die testate or intestate leaving
widow, one third Ofhis real estate shall descend to
her in fee simple. free from all demands of credi-
tors; provided however that where the real estate
exceeds in value ten thousand dollars, the widow
shall have one forth only. and where the real es-
tate exceeds twenty thousand dollars one fifth
only as against creditors"
Sec. - is rs follows:
A surviving wife is entitled except as in sec
/ ton IL excepted to one third of all the real
estate of which her husband may have been
seized in fee simple at any time during the mar
rage, and in the conveyance of which she NAV
not have joined. in due form of law; and also of
all lands in which her husband had an equitable
interest at the time of his death" To fill out
the section il would read thus: "A surviving
wife is entitled, except when the real estate ex
ceeds SO .OOO when she shall have one fourth
only, when it exceeds $50. 900. when she shall
have One-ftth only, rs against creditors: TO one.
third of all the real estate of which her husband
may have been seized in fee simple, during the
marriage, aud IN the conveyance of which she
NAV not have joined in due form OF law; and
also of all lands in which her husband had
equitable interest at the time OF his death: Pro
vided, That if the husband shall have left will
the wife may elect to take under the will instead
of this or the foregoing provisions of this act.
These two sections regulate the interest that
the surviving wife shall take in the real estate of
her husband. and i'm the real estate owned 10y him
during marriage, and in which she has not re-
leased her interest, as also in any equitable in
terest in lands held 10y her husband at the time
of has death, whether or not the husband has
made will. But the last section also provides
that she NAV elect to take under the will and not
under sections IL, 10. 20. 81, and -, under
which or some of which she must take, unless
she elect To take under the will. All of the
sections referred TO provide what nerestin either
real personal estate. or both, the widow shall
take. whether the husband die te>tate ntestatc.
When n will has been made. the wife still takes.
not under the WILL but under some OF the pro-
visions contained in these sections. unless she
aiirmatively elect TO take under the will.
The statute provides that 80 tar these Sc
lions apply she can take though no Will OK
listed
1t is, however. insisted that when a widow does
hot elect Ia claim under the will. as 10 hes no will
exists. and she may and does take under any see
zion OF the law that regulates descent as though
no will had been made. aud the petitioner claims
dstrbutye share in the personal estate OF her
husband under the 9th section OF the same law.
This section reads a. follows
III man die intestaie. leaving widow and
child or children. not exceeding two. the personal
property OF such estate shall be equally divided
among the widow and children, the willow taking
an equal share with one child: hut il the numb er
of children exceeds two, the widow share shall
not be reduced below one third OF the whole
This i followed by a provso relating only to
real estate, and having nothing TO do with the
provisions of this section.
IL will be observed that by express language
this section only can apply to the disposition OF
an estate where no will has been made The
other sections. by terms equally express. apply
whether the husband die teState or interstate 30
far they are involved the wife takes a though
no will existel but this Is not BY construction Of
the Court but by the terms of the law. The
Court eau not leSislats away an express resiric
ton OF the statute The hardship of the pro
vision. if there Is any. i for the consideration OF
those who make the law, not for those who al
minister IT,
The husband having died tcstate. the petition.
er can not claim under provision OF the statute
limited by it, terms to where no will has
been made She has no claim To any distributive
share in the personal estate of her deceased hus
band.
The demurrer 10 the petition will be sustained
Prom Rev Mr.. RcvI1ea. Easfor er Ro'e'ts ckaH<
lxplsSAroiGs, October 8, ls5T.
DE-. q. W RoBAcK-Dear Sir. | have used
your Blood Purifier for nervous Affection, rom
WHICH have suffered much at times. While u
i nleasant Co the taste. il certainly has al Pr,
effect upon the nerves. Please accept my thanks