In re Mckenzie
District Court, E.D. Arkansas
In Bankruptcy. On petition of widow of bankrupt for assignment of dower. Sallie A. McKenzie, widow of the bankrupt, filed her petition with the referee for an assignment of dower in the real and personal property of the deceased bankrupt. At the request and by consent of both parties, the widow and the trustee, the petition was certified to the court for determination without first submitting it to the referee.
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In Bankruptcy. On petition of widow of bankrupt for assignment of dower. Sallie A. McKenzie, widow of the bankrupt, filed her petition with the referee for an assignment of dower in the real and personal property of the deceased bankrupt. At the request and by consent of both parties, the widow and the trustee, the petition was certified to the court for determination without first submitting it to the referee. The facts as agreed upon are as follows: The bankrupt filed his voluntary-petition and was adjudicated a bankrupt on the 16th day of February, 1904. On the-day of March, 1904, James…
1Opinion of the Court
TRIEBER, District Judge (after stating the facts).
The proviso of section 8 of the bankruptcy act provides that “in case of death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the state of the bankrupt’s residence.”
Under the statute of Arkansas, which is set oüt in the foregoing statement of facts, it is necessary, in order to entitle a widow to dower in personalty, to establish, in addition to the marriage and death of the husband, the further fact that he died seised or possessed of the personalty.
Section 70 of the bankruptcy act July 1,…
2Cases cited10 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Kohlsaat v. MurphySupreme Court of the United States · 1878
- Porter v. LazearSupreme Court of the United States · 1883
- Beene v. BeeneSupreme Court of Arkansas · 1898
- McClure v. OwensSupreme Court of Arkansas · 1877
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