Welch v. Cole
Supreme Court of Arkansas
Appeal from the Circuit Court of Union county. The Hon. Shelton Watson, Circuit Judge, presiding. The widow is entitled to one-third of the reasonable hire of the slaves of which her husband died possessed, until dower be assigned her, or a sum of money equivalentto herinterest in said hire. Dig. ch. 4, sec. 60. 3 Engl Rep. 41. 4 Kents Com. 70. 5 John.
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Appeal from the Circuit Court of Union county. The Hon. Shelton Watson, Circuit Judge, presiding. The widow is entitled to one-third of the reasonable hire of the slaves of which her husband died possessed, until dower be assigned her, or a sum of money equivalentto herinterest in said hire. Dig. ch. 4, sec. 60. 3 Engl Rep. 41. 4 Kents Com. 70. 5 John. Ch. 482. It is the duty of the administrator to hire out the slaves; Dig. ch. 4, sec. 122, and if he does not, but takes them and uses them as his own, he is chargeable with reasonable hire. Blakey’s Ex’r vs. Blakey et al., 3 J. J. Marsh. 673.…
1Opinion of the CourtJustice Walker
The appellants, in right of the petitioner, Ann Welch, filed their petition to the Union Probate Court against the administrators and heirs at law of Joseph Rhem, deceased, for dower in the estate of said deceased.
It is alleged that the estate consists of lands, slaves, and personal estate, now in the administrator’s hands, and also a large amount of money, arising from the hire of the slaves, in all of which she claims dower. That the estate is solvent, and under the statute, she is entitled to receive, out of the goods and chattels of the estate, over and above her dower, the sum of $ 150,…
2Cited by2 opinions
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