The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1907-03-08
THE GRACEY
DECREE
OPINION or THE SUPREME COURT
IN AN UNUSUAL DIVORCE CASE
FROM MAURY COUNTY.

The Gracey divorce and win caso
which went up from Maury county to
the Supreme Court and was decided
by that tribunal last Saturday. is Of
such unusual interest, that we publish
the decree of the court In full:
LIST. That the decree Of divorce
rendered in the Circuit Court of Alac-
hua County, Florida in favor of John
R. Gracey against Mrs. Francis e.
Gracey, was absolutely void in so far
as the same affected the property
rights of Mrs. Francis E. Gracsy.
End. The Court is further of opin-
ion, and further adjudges and DEGREES:
That Mrs. Francis E yGracey has the
right to maintain the present suit to
set aside and vacate said divorce de-
cree in SO far as it affected her prop
erty rights in and to the property of
her husband John r. Gracey.
3rd. The Court is of opinion and SO
adjudges and DEGREES that Mrs. Fran
ces E. Gracey, as the widow of John
r. Gracey deceased, is entitled to
homestead, dover, exemptions, and
years support, as well as distributive
share, according to the statutes of
Tennessee, in and 10 the real and
personal property of which John r.
Gracey died seized and possessed.
4th. The Court is further of opin-
ion and SO adjudges and DEGREES that
the Complainants, c. B. Gracey and
Mrs. Anna E. Wheeler cannot main
tain this present suit. They cannot !
be heard to assert the invalidity of
the divorce which was granted to their /
father John r. Gracey deceased nor I
can they be heard to question the va
lidity of the marriage of their father,
John r. Gracey with the Defendant,
Mrs. Mollie A. Gracey.
The Court therefore adjudges and
DEGREES that Mrs. Mollie A. Gracey is
entitled to homestead, dover and a
years support, exemptions and dis
share out Of the estate of
John R. Gracey, deceased.
9Th. The Court is further of opin-
on and so adjudges and DEGREES that
lfter Mrs. Frances e. Gracey and Mol
lie A. Gracey have received and been
lllotted their rights out of the estate
# John R. Gracey deceased, as above
then the four children of John
l. Gracey deceased to-wit, the com +
lainants, the two children of Mrs.
frances E. Gracey and the defendants,
he two children of Mrs Mollie A.
Tracey, shall share equally as children c
nd heirs at law in the estate of their +
ather John r. Gracey deceased.
9th. The Court is further OF opin h
IN and so adjudges and DEGREES that q
ne homestead, dover and years al
,wance and exemptions of Mrs. j
RANGES e. Gracey shall be first set !.
part to her out of the entire estate a
John r. Gracey deceased as of the q
ate of his death, and after such
over, homestead ETC., have been al
tied to Mrs. Frances e. Gracey the =
over, homestead, exemptions and
ears allowance shall be allotted to
rs. Mollie A. Gracey out of the re-
ainder of the estate of John r.
racey as of the date of his death. n,
The Court is further of opinion, and r
adjudges and DEGREES that the costs r
this cause will be paid out OF the G,
nds belonging to the estate of John II
Gracey deceased and the cause will is
remanded to the Chancery Court NJ
Columbia, Tennessee, for the exc M
ton of the decree. In