In re McKenzie

I am unable to agree with the conclusion reached by the majority in this case. The laws of Arkansas (section 2708, Kirby’s Dig.) set apart one-third of the personal estate of which a husband may be seised or possessed at his death as a reasonable portiop or dower for the widow. Other states, at the time of the passage of the bankruptcy act, had similar provisions for the benefit of widows. In the light of such legislation, denoting a somewhat general public policy, the provisions of the bankruptcy act were enacted by Congress. Section 70a of the act (Act July 1, 1898, c. 541, 30 Stat. 565 [U.…