The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-05-26
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ippslmu appointed Nv fha I'fuimia
tfufi II ail emnty, aud w them
leit IN the weseaaluh N sali wlioe
/ Tie hll shows ihst iwo n ihF fums
rlainlHis Hfe mffflel wameH, and
lle other hmf aft Hlnufs. and nnnt
N them Waidlng With the widow
ihe ldll further shows thti The Widow
and plaintiff w efnf hsa fmf
minor children N hef uwn. w dcre
dehi, residing With her, that he
hnIda aud claims The exempt property
and allowance made fof Il ttnfs pfu
visions IN herself and hqf fur minor
children, and refuses lo deliver y pra
rdia share thereof ~ their complain
ants
The bll further shows that The
decedopi WIS possessed ~ q largr
real and pcr-unil estate NJ his denihl
and by agreement uf counsel u a MI.
miitcd that the widow remained her
interest under The will of dcctdcni.
which wis duly probaiod, as stated
In the bill.
The prayer Of the bill IL ior de-
crue that the said widow pay 10 com-
plainanis their pro rata interest IN
said property 80 set aside, as well as
their share Of the hire Of negro
woman set aside by said appraisers
aud left IN the possession Of the
widow. II further prays the ap-
poinimcut Of a commissioner 10 take
m account, Nc, or for such further
or other relief, dc.
Process Of subpoena il prayed
against the widow. II Is issued
against the widow and her children,
and executed, on the widow--ior her
self and as guardian Of her children
which the bill alleges her 10 be.
To this bill there was demurrer
filed assigning two eauses-Grst, that
the Probate Court had jurisdiction
of the matters complained of-and,
second, that the bill shows that the
property is in the possession Of the
parties legally entitled TO il.
The demurrer was overruled, and
the cause brought here by appeal.
In the case Of Womak vs.. Boyd,
3lst Miss. Report, p. 4i3, In constru-
ing some Of the provisions Of the act
Of October, 1852, (yery similar to
the act of 1860; under which these
: parties claim we have held that this
statute making an allowance of n
years provisions for the support of
the widow and children of a deco
dent, does not provide in what pro-
portion the same shall be divided
amongst them, in case a division
should be necessary; in such case il
would be the duty Of the Probate
Court TO make such m appor.ion-
ment as, under the circumstance,
would be just and equitable, taking
into consideration the sum necessary
for the support of each; and this
may be done by the Court, directly
or through the agency Of the COM
missioner appointed to set apart the
years allowance. What is here said
of the act Of 1852 is applicable to
the act of 1860. II follows from
this view, that the Probate Court is
proper tribunal TO ascertain and ap-
,, portion to the widow and children, In
, cases like present, according to their
condition and necessities, the whole
, fund SO designed Tor the support and
maintenance Of the families Of dece-
dents. Any other rule would utterly
| defeat and destroy, the bcncfccnt
> policy which the Legislature had in
view in the passage and amendment
, Of the several acts, which are 10 be
found on our statute books. The
/. Probate Court, while exercising jutis-
diction over the subject, should fully
settle and adiudicate the rights Of ali
the parties in interest. Keeping In
view, first, the support Of the widow
and all the children Of the dccedcnt
4 aud second, so apportioning thu
n property as 10 meet the necessities o
r the widow and children respectivel,
!. rs they may need its "uss." Thci
: jurisdiction in this respect is cxclu
q siye, aud all parties claiming rights
|, in such apportionment must be hclt
: to the presentation of their claims
! before the report Of the Appraiser
!, shall have been confirmed by th
!. Probate Court. under the provision
!, Of this act. or else be deemed TO hav
4 waived them, in favor Of the othe
- benehciaries, whose claims arc =
= presented.
- To allow the Court Of Chanccry
= or any other court, TO assume jurn
!, diction over the subject, for the pur
n pose Of making a pro rata distribu
/, ton Of the fund TO each Of thos
/. interested, would not only Gust III
Il Probate Court Of is rightfnl juri.
= diction, but would invite course 4
:. litigation as disastrous to the wido,
= and children as Il would be dcstnc
tive to the end and object Of the Law
:, On this ground the demurrer to thI
= bill should have been sustained an
- the bill dismissed.
:, LIT a decree be entered In hi
y Court dismissiug complainan,s' bill I
their cost.
be "Rosa, I don't love you" AL
he but you've 90, 20 lore me- said ii
'hi child. "How sog" asked her tol
be mentor. "wby," answered Ros
81 "the Bible says You must love the
nd that hate vou. and | am sure | ha