The Clifton clarion., 1885-01-21


 Of Graham County. Holds tha, Under the Edmunds Law a Plu-
 rai Wife Cannot share in the
 Distribution of the Estate o1
 Her Husband.
 In last weeks CLARION we briefly referred to Judge Hyatt's action in setting aside a former decree entered in the Probate Court o1 this county, in the matter of the estate of John M. Moody, Sr., deceased. Moody was in his life time a resident of Pima, in this county, and was the possessor of considerable real estate and other property. He died about year ago, and an administrator was duly appointed, who took the usual course prescribed by law to settle up the estate, and on Octo- Der 16th, 1884. decree was en- tered Tn the Probate Court setting aside certain land and appurte- nances thereto for the use of the alleged widow and children. On the 5th day of January of this year petition was filed in court by an attorney representing an heir named Mary Wilkerson, a resident of Utah, who claims to te the daughter of Moody by his first wife Margaret. The petition states as grounds for setting aside said decree that the alleged widow and minor children are not the widow and minor children of said deceased, but that one Mary Wilkerson is the only surviving legitimate child, and heir at law of said deceased; and on the further ground that the decree set apart more land than the law allows, and is in violation of the Statutes.
 On the hearing, the Court found the following facts:
 First. That on the 18th day of October, on representations made to this Court that Elizabeth Moody was the widow of sad deceased, a decree was made and entered as set forth in said petition.
 Second. That said deceased John NJ. Moody, Sr., was in the year 1S49, in Grimes county, State of Texas, married to one Margaret Anglin, and that thereafter, in the year 1856, and while the said Mar garet Moody nee Anglin was still living and not divorced from him, the said John NJ. Moody, deceased, was married, to the said Elizabeth Moody by the rites of the Mormon Church, by one Brigham Young.
 Third. That on the 12th day of February, 1880, said John NJ. Moody and Margaret Moody nee Anglin were divorced by a decree of the District Court of the Third Judicial District of Utah Territory
 Fourth. That one Mary Wilker- son, now living in Utah Territory, is the daughter and legitimate issue of said John and Margaret Moody.
 Whereupon the Court found as conclusions of law:
 First. That the sad Elizabeth Moody was not the wife of John NJ. Moody, deceased, and therefore is not his widow.
 Second. The decree setting apart a homestead under such circum- stances and on the representations then made is null and void.
 Third. That this Court has full power and authority to set aside any decree made by itself under such circumstances.
 Fourth. That Mary Wilkerson is q legal heir at law of said de- ceased, and as such entitled to share his property.
 Fifth. That by an act of Con- gress approved March 2d, 1882, commonly known as the Ed munds Act" Sec. ' the children in said decree are legiti mate, and heirs of said deceased.
 Sixth. That said decree is in conflict with the Statutes in such cases made and provided, in this: That 1t sets apart property to one not entitled.
 Therefore the Court ordered that the decree be set aside and declared null and void, and granted leave to the petitioners attorney to move fora proper decree.