McClain v. McClain

Response to Petition to Extend Opinion, by

Chief Justice Hobson.

In the petition for rehearing we are asked to extend the opinion so as to allow the widow to take absolutely -the value- of her dower right in the fund instead of one-third of i-t for life. The land was sold to satisfy a lien created by deed in which the wif e joined, and there is a surplus of the proceeds of sale after satisfying the lien. .Section 2135, Kentucky Statutes, provides that in .such a case the wife “may have dower out of such surplus of the land or compensation out of such surplus of the proceeds unless they were…