Succession of Yarborough

Arthur Yarborough died in 185V without ascendants or descendants, leaving a widow in necessitous circumstances, not possessing in her own right property to the amount of $1000.

She claims the sum of $575 from the succession of her deceased husband by virtue of the Act of March 17th, 1852, p. 171, entitled “ Am Act to provide a homestead for the widow and children of deceased persons.” This sum was awarded her by the District Judge, as it was admitted that she had in her own right property of the value of $425. The attorney for absent heirs has appealed.

It is contended that the widow could only…