Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-10-02


to Charge the Of her dscead husbkad with the value
q All te various aresof personal property emu nsated
execution whstber she entitled such articles only
IN specie as are on hands at her husbands death
the husbands estate for the value OF articles may be
designated IN the commissioner report assigning her
her husbandf
1st In the first inquiry It is perhaps proper 10
say that by TIE Statute Code section 22S8 wen the
uniform Of decisions State widow when
dssents from and rejects the requests Of her husbands win
is at all the rights the law would have
rred upon her. in Of the inessacy Of her
The exempting certain articles property from
on Code, 2oD declares they shall be exempt from seizure
attachment s hands Of heads Of families and section
2Ss extends benefit Of this exemption
aad vests the ute % suop PIopss IN nsF without re-
herself and for the benefit OF the children Of the
ceased or widow Of both and declares tshal so
70 to the executors administrator
On the death Of the ntesate dissent Of the widow the
title BY operation Of law instantly vests In Inc
unless perhaps this Court has said IN the case q
vs.. Ssna nG r - u hsr ne Vsrioz
articles which by law she may be entitled seected an
set apart for her benefit
knowledge consents and the exercise Of any saa Co
troll dominion conversion for which he Il responsible
in DAMAGES in action Of trover-
From this view Of the statute il would seem to follow
il entitled to ali articles in specs enumerated in the sta
tut 81 exempt execution, which are on hand at the
e tor IN case Of dissent At the time 81 such dissent
and to none other Any other construction would lead e
3D. ne pracpies that mast involve the second nqrry
are very those which applicable to the nr
The act 1887 chapter - which drawn FROM prove me
act 1873 chapter 1s section has been car
rd into tha Code 22s5, and s6 follows
pon the application Of the widow CT intesate or 81
widow who dissents rom her hnsoasds viii; me uOsny
nectec with either gunisy anity, Who ee-
ing duly act mpsrtaly, shall set apart 90
much Of the crops, stock PROVISIONS msney on manu-
due or other assets as may be necessary Tor tne SUPPORT ~
such widow and her family until the expiration OF one year
after she decease Of her husband
ARd the money eectr shall be the aDse-
property the widow for said uses, and shall not bs
OF the administration cf the estate OF
said intestate, seized precept or
The obvious intention of the Legislature in passing TINS
statute was to provide temporary support the widow
family medatey the death Of her husband and
furnish cheap and expeditions mode Of carrying into
by law separate from the aggregate personal estate so
Of the articles mentioned in the statute their
partial Judgment fer the support OF the
widow and her family for after the death OF her nus
band apart By the act of separation
subsequent confirmation Of their report the title 20 the
specific property thus set apart becomes absolutely vested IN
it chargable with any part of the OF TIE
administration.
The commissioner may apart money hands,
due and the former 1t passes at once to the widow put
the latter withna right Of action, would immediately
the widow the other security eyldencng
the money due without the Intervention Of personal
But the commissioners cannot beyond the provisions OF the
statute They derive all their authority from it, and when
they transcend its authority their action is mere Du
lily They vest the widow with title article OF
property hands at the time of the action
clotha her with rights conferred by the statute.
1t follows from this view of the that the Chancellor in
his doc must be reversed and decree entered here accord
4 true lee, copy MILLGAN,
M L. PArrrRsoN, Clerk