The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-03-09
FE DAILY CLARION ON:
Err,SIoNS OF TIE HIGH COURT
EKRORs AND Ape
r,,r 1sytARY SPECIAL TERM 1866
nvrss,y FOR THE pAlIx Ci-AMoS0

"a, pease Prnin error Appeal from I GsSn
,.,c Cooper 20 c, al Defts. County
Opjnion Of the Court Delivered "S '"'e'
,ttls. ,c,,,dants in error filed their Bih III
~ r1'a,i,,arv Court Of Jasper County, az
Cl.'Iiirer and heirs at law OF EaWata
y - 5.cnased twho died onthe 3uth june
Sea AGAINST the plaintiff III error Lucll t
ne,ae the widow OF SAID deceaeht, 70 ~
oIer a FRO reta share OF the properly
,t f,r,n execution, as well as OF year
lI,fIiona allowed by law, which was SeC
-;de by the appraisers appointed y NV
Er,ate Court OF said county, ana by 'n liz
81 in the posses5ion OF SAID "luo". -
p;ll shows that two OF the conipiailit'i -
Inarried women, and the other lo ri, tbe
minors, and none OF them TesiaIhS - the
49, IA ,,loio+iF in error has tohi I'M, No.,
III, of be, own bv decedeht, -
-, Lar.. that she holds ana Claims
o,eT;yt r,roperty and allowances ~ - t,,,r
years provision Tor helSeli 5l;1-or a ,,ro
minor childoen, and I Iis o,,,,,,Iainants.
- ebora thereof TO their com 1o,t
'0,I 9- On f,r+l,er shows that the oeeeuehI
NJ z--assed ola large real ana persona
- at his death, and by aSiec,iioI' W. w.
o,,e,I Il il admitted that the WHO" ~
-l.,,,,.ad her interest under inc "ill v Ia
cedent, which was duly PROBATE" 90
III Tha ,rayer of the Bill is for decree IllaC
A., Ia widow pay to compialnahts 'lisil
30 rata interest IN SAID property 81 SCI -,
~ I'll as their share OF the hire OF u heisis
I,,r,,an set aside by said appraisers aiiu ~. ~
y. a. r,,sees4iOn Of the widow IL lul 'lio
III 'i'e ,,,,oin+ment OF a commissioners U
take an account, &C % '"i
other relief, &c. ,.o;,,o+ III
o'I f5r,cees Of subpoena is prayed against Vi
-. II il issued against the wlaoW an
bsr children, and executed on 'no -,
for herself and as guardian % nv
-rbirb the Bill alledges hei 20 DC. e,.5 .
- ~ -: p;H there WIS demurrer nleu d
~ 'h' 80, I,uscs: FIRST, that the ffoDa
T7l,r+ had jurisdiction OF the nlat ;i{ 80
Ia!I.,I of. and second, that the pm snoS
ttLat fine property is in the p"s7e'S''" -
parties legally entitled 10 u. II +ba can
The demurrer was oE'.' i1'' ''''''
,,-.,rI,ghf here BIZ appeal. m o
tLa csc Of WOmacG vs. boyo- -
Ms r.. page 453, III constrGlnS SUM- sum - -
r,,,-isiops OF the act of Oct. l9oZ very -
90 the act OF 1860 under "inch Wv VT
I'l ~ ~. ~, we have held that this star,
L,.1-inn an allowance OF a year PL;Ij,
1 ntI7 s,rnort of the widow ana Cnii'.l
l4' do.addnt does not provide IN VITA 7
VI - ti,a same shall be divided "Ahol,
tbeIn in case division shonla NC ~
~ a1ch case il would he tic ''u.S .i
III 80, 50 Curt 10 make such an appolti,
nnder the circumstances, "oulu
~ snuitablc, taking INTO cohsLu
w., tLa sum necessary Tor the SUPP
~ each: and this may ne uo n
ttc Court, directly, or 'hlouLn
oIarcy of the commissioner "PPlRTTIn,
50 mart the years allowance ~
~ of the acts of 1882 Is appicaol
nHi' 49, 81 I56O 1t follows from TINS
ne Probate Court Is the proper l Ia.,,
+oascertain and apportloh l 10 tal@ accoy
L;idrep. in cases like the present ~
ia their condition ana hee'79.Vi,t' I'D :,
E,nd eo dcaigned for the support an" =
lul'" ~ Of. 1hp families of deccdents;
ltI"" r1,lc would utterly defeat ana o9'
~ bapeficept policy winch 'ue LeE. 80
had in view, in the passage "u' a. fn,l
Of fin. several acts WhicE arc - Ct
nur statute books. me lIopa'o ~,
oTarrisinp jurisdiction over the so
I'll fnIly settle and adjudlcate tio
rn Fla ,,Srfics in interest, keeping IL
e. the support of the widow anu
LiIdren of the decedent, anu sec"h"'
nortioning the property rs 70 iileou 80 ~
ftias of the widow and children TeSl,'
l., as they may need its use inc,
T. a. n This respect is exclusive, 8
1.rties claiming rights IN such app
INT ,uust be held to the preseht'l'
their claims before the report oI w NJ y y
80 shall have been confirmed by inc
Court under the provisions Oh tll?
H., deemed to have waived them IL
- tI,e other benehciaries, whose ci"'
OF inc ''h'
so presented. ..r Cl,orcerv.
~ Count. to assume jurisdiction
o onhiact, Cor the purpose of making !
distribution of the fund To eaen u
Interested Interested, would not only Dust the
Court of its rightful jurisdiction; D"
invite n course of litigation rs ul0''
tha widow and children, as IL W
S"s Of the end aud object OF
On this ground the demurrer u
ehonlJ have been sustained, ana
dismissed. -; 4b;s G.
missing complainants' bill at their