Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-16
ow from collecting any Of said dsb,s FOR general


tho widow frOni collecting any Of said debts FOR general
relief
Mrs, johnson alone answers tho bill and denies that
see wasting has wasted any of tho funds bcquoahed
% her and claims the personal estate absolutely and do
MES that il any business of the executor il she spends
The whole of It. aud insists that she has right under
the Thb.tO use beth priacipni and interest W
steps whatcgeF have been taken by or N reference
TO tie other aoientants
All attohment vas printed BY the Fat Of the Chancol
ler and ly said fiat the Chancellor directed that said
nptes etc., be delivered to the complainant upon his Civ
ing bond, etc.
Afterwards, upon motion, it was ordered that the
iidow be allowed to retain $500, and that W Wilcox
BE- appointed receiver 10 collect said notes And the
chuse referred TO the Master TO ascertain FIRST
what debts we're owing the at the time of his
death. Second, whether the same have been pau.
Third what articles Of property belonged to tesator al
The time Of his DEATH Fourth, what increase II any ~
birth Of rsek interest notes, etc, since testasors
death, etc, etc.
The Master proeee I'D 70 take tho and make
report thereof which being unexcepted to WAS confirmed
From which il appears The sales by the executor amount
ed sOe6sO that The widow retained personal prop
city Of the value Of $I22 that the executor had dis
bursed the Of $l795 that the widow has used and
appropriated s2S59e that Sl25O0 would be reason
able allowance for the support of The widow per annum
that the Of the land is reasonable worth S31v
Per that the services Of the executor are reason
ably worth $4,000.
The Chaceli0r decrecd that the vito of the tosator
took under the wi only estate for life in the use
and empEHbent q the property, Nth rghtor power
70 de corpus Of SAID property, ane at her
WHIST Fonned Of the same belonged to me PersSns N
remainder and that the money notes and accounts with
interest the same, at the time of the death OF the tes
taOr and the real estate and other property belonging
to the tesaor constituted the corpus capital OF said
property.
The Chancellor further dccreed that the executor IN
permitting the defendant Sally, retain the and pos
session Of the money notes. accounts etc. acted rghul
" and discharged him from ali liability on account OF
mt ,unb sho dofau in her an
wer, claims to be the absolute of said property
except the land and had in the opinion of the Chancei
lOT made some imprudent. threats about burning The
uotes the Chance0r was az opinion that the persons in
remainder and the Complainant had right to require Of
the defendant to give bond, with good security IN dodble
the value of the personal property, conditioned not to
waste or destroy said property and TO have the same
forthcoming her death, subject to the order OF the
court for the benefit Of those in remainder decreed ao
cordngy from which the defendant has appealed to this
court
What are the rights Of the defendant Sally johnson,
under the will of her husband? The answer to this
question Is, just such it the intention Of the tosa
tor give her for it is The iHcHtion of the tesator
which must eontro and ibis is g BE- ascortaiHed ~ cot
STRUNG t While viii that is The dheont CLASSES f the
will together. He was the of small estate, which
had been acquired by the joint ndutry and economy of
the husband and the wife, tho lstter of whom in 1853,
the date of the WILL about seventy years of age By
one clause of the will he gives his entire estate real and
personal to his wife for c to be by her freely possessed
and enjoyed By the clause, he directs that after
the death Of his wife, his lands be divided and gives one
portion TO of his daughters if living but If she be
dead then to her children and to another daughter in
the MANNER he gives the remaining portion Of his
lsnd and by the fourth clause be says: Tbe lance
OF my property, money, other effects which may be
hand at the death Of my wife, dispose of in the fol-
lowing manner, that is, direct that my negro boy
Charles and all the rest of my property be sold to the
highest bidder, credit of twelve month"; and the
proceeds disposed of as follows" etc.
Now, in the FIRST place. it will be observed the tesator
gives his entire estate real and personal TO his wife, for
life, to be by her freely possessed and enjoyed and in
the second place will be observed the testaOr does not
cep the land, the proceeds of the boy Charles and the
balance Of bis property which might be on hand at the
death of his wife. We think most clearly the in
tetion of the testaOr to provide for the support and
maintenance OF his wife, of his property, and that
emf gave her life estate in it. and declared that il
SHOULD be freely possessed and enjoyed by her. and
the corpus of portion of it at least must
be consumed by his wife, IN her support and mainen-
in her declining years, he only gives such balance
may be hand at the death Of his wife in remainder
Therefore Sally Johnson the defendant is under the viii
Of her diseased husband entitled to the possession
AMI enjoyment during her life of all the property be-
longing to her husband at the time of his death-and
il ler support and maintenance in her discretion
4ure it, she may consume the corpus Of the entire
ats, except the land and should there be any balance
on hand the death of the wife, it passes under the
wAl to the remainderrncn.
We do not say tbatrn proper case made out, that
Court ef CHANGER would not interfere To- restrain
10 Mrs. johnson for her support during rifle. in or
der to proee the interests Of the renaindermen but
such is made out in this record will author
ze any such interpOsition.
The record, far from showing that Mrs. johnson
has been Wasteful extraFagant shows, that she is
careful Industrious and economical.
The ground upon which the Chancellor bases his dc
cree, requiring her to give bond with security in double
The value Of the estate, conditioned for the forthcom
ing of corpus Of the estate at her DEATH to wit "That
She claimed in her answer that the estate hers
had made imprudent remarks
about destroying the property" think, when taken
in connection with the facts of the case are wholly
Insufficient to authorize the imposition of such bur
then. There is proof that she set up abso
ute ownership Of the properly at any time, or under
any circumstances, except through her answer to this
bill is there any proof showing that she intended
or desired to dispose Of the property in any manner
as to defeat the rights prejudice the interests of
those entitled to the balance hand at her DEATH
Surely her remarks about burning destroying of the
notes canDot be tortured into purpose on her
pnrt to defeat the remainder She rghtfully
III possession the notes, accounts, etc, which her
husband had given her by his WILL and of the notes
given for che purchase money of property given her in
like for life, to which she rightfuy looked for
9 support. When the complainant wrongfully demand
ed them OF her she refused TO give them up and doubt
less excited, as she well may have been by the inus-
ce of the demand, said something about burning them
rather than giving them up to the complainant in
obedience 70 his demand
But what rights has the complainant in this litiga
ton He seeks construction of the will and the d
reetion of the court to his duties This much per
haps, he had right to ask of the court. Under a
proper frame of the bill specific construction OF d
rectOn is, however, asked fOr but SUCH it does not
seem to us, the real object in the Ming of this
bill. By its frame it is apparent that the real object
Of the to abridge the rights of the widow
Of the esstOr and in propOrtonate degree enlarge
The Interests Of the remainder men, and in the meantime
to have the funds transferred to his own hands.
The remainder men do not complain; but this com
plainani, to crafty overweaning anxiety to tgate
files this bill against sickly old woman seventy five
of age and against the remainder men, to protect
the interests of the remainder men, and thus seek 10
charge funds in which he has interest with the OK
penses of this litigation and enlarge the basis for allow
aloes to himself as executor.
The executor has interest whatever in the question
which forms the principal not the only grounds of con-
test in this suit for il is wholly immaterial to him.
whether der the will Mrs johnson has the right to
tie corpus of the estate, only to the epioy
of tho Of tho propety in neither can he
BE- made liable to the remainder men, even though Mrs
Johnson should consume waste the whole estate But
DO this it may, decree now be pronounced
which viii protect him, for although he has formally
made the remainder parties defendant to this BILL
they have not answered. has any Judgment pro con
fesso been taken against the, does it appear that
they have been served with process, had any notice
whatever Of this suit; All this to have been lost
sight Of by the complainant in his anxiety deprive the
widow Of the testaOr of the enjoyment of her husbands
bounty, except he may dole out the TO her I'M
der the direction of the Chancellor to be ascertaned bv
10 her annual support Such course, in view Of the
facts of this case think would be manestly unjust
and totally defeat the intention of the tesator We do
act think the complainant is entitled to any relief what
aver The fund viii be restored to the defendant Sally
Johnson, and for the reasons before stated tie bill Will
be dismissed and tho complainant charged personally
With the of this unnecessary and vexatious tiga-
ion. HAWKINS, Judge.