Isbell v. Stewart

— The appellant seeks an order requiring the appellee, as administrator of the estate of Mary G. Isbell, to pay him one-third of the money received as such adminis*113trator. The appellant is the surviving husband of Mary G. Isbell, who, at the time she married the appellant, was the widow of William Lash. The money is claimed by the appellant in virtue of his rights as a surviving husband.

William Lash left surviving him seven children, the fruits of his marriage with Mary G., through whom the appellant now claims the money in controversy. No children were born to her and the appellant. At the…