Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1869-02-04
Decederts' Estates-.aEen.
rickS, Bill.

uOb lSIl W dlIcSt Iut tJIcilllOH VI lHI
public, and awaken the inquiry as to
whether or not there cannot be ref
ormat.on in the law of descent.
To reform the present law, Mr..
Hcnricks, of South Bend, has pre-
scented a bill for the consideration Of
the Indiana Legislature. The first
section provides that upon the de-
cease of any married man, the whole
Estate-Real and Personal-shall
descend to the surviving widow sub
iect to the liabilities of the decedent.
The second section provides that on
the decease of any married woman
leaving q surviving husband, the
whole of her Estate shall descend
in Ike man Ter, to her husband
The third section provides that all
legal debts or claims against such de-
ceased husband. shall be settled by
the surviving wife the same as if con-
tracted by herself, provided she shall
not he required to pay debts exceed
ing the amount of property falling
TO heir.
The fourth section provides that
il husband dies intestate leav-
ing surviving widow, and no chill
dren, sneh widow shall De entitled to
five hundred dollars out of her hus
bands Estate, free from al de-
nands by creditors, DC.
The fifth section provides that on
deeease Of the last surviving parent
dying intestate, SO much of his or
her estate as shall remain unexpend-
cd after payment OF all legal claims
against the deceased, shall descend
equally to all the children of both
parents, that is, all children born of
either parent, whether by the last or
any other wife or husband.
The sixth section repeats sill laws
or parts of laws in conflict with the
above provisions
The presen. law, though com .'lica-
ted, and sometimes producing litiga-
ton, is, nevertheless, founded in eq-
uity and with strict reference to the
rights Of individuals, and before its
repeal something better should be
substituted.
The fifth section of Mr.. Henrick's
bill, we think, is entirely deroid of
equity, yet in support of the bill lie
says:
1.-The perfect equality of a family
is always desirable, aid should be
recognized by laws as far rs posi-
bic. The surviving parent being
made the sole heir Of an Estate, it
would necessarily descend TO the
children Of such parent, only, in the
absence Of some such provision as
that contained in this section. 4
provision of this kind woulj..prevent
much litigation, and would have q
tendency TO produce harmony and
concord in q family"
We agree with Mr.. Henricks that
by such provision much litigation
might be prevented; but that harmo-
nv in the family, the principal object
of the bill, would be maintained, we
have some doubts.
The law, as it is, beng founded
Oh justice, though intricate, confers
on the heir his or her equitable
rights. By the fifth section of Er.
Henricks' bill, the convenience CT
closing up estates alone is consulted
Now the originator of this bill GER
tainly knows that the convenience
of the survivor or the attorney set
Ting the estate is not always the
most conducive to harmony in the
family which is truly the great OBJ
ject to be sought.
For illustration: Suppose that
Mr.. Henricks has aided his father in
acquiring a fortune of $1,000, and
his mother dies, he is then the sole
heir, and has the whole OF the estate
In expectancy; but his father choos-
es to marry a woman with five chill |
dren; if his father is satisfied Mr..
Henricks cannot seriously object as
by the present law his interest is still
preserved; bnt make his bill the law
of the land, and the five children
would share equally w.t. him the III
te.est of Lis fathers estate. In nine
cases out of ten, Mr.. Henricks, Jr.,
would kick against such an alliance, |,
and if perchsnce the father married
in such case Mr.. Heniicks, Jr.. wo'd
hardly forgive his step-brothers and
step-sisters, knowing that the law
took from him q portion ofhis CO.
1itable interest. If harmony IL
family be the principal object OF j.,
Henr.cks' bill, then no such a meas
ure IS that proposed in the sixth Sec
ton of his bill should be enacted as
a Law. 1t could not fail 10 de eat
the end in view.
BOURBON, Feb. g.