Barton v. Laundry

This appeal involves the question which of two statutes, sections 3765 and 4204 of the Code, is applicable to the case made by the bill. Appellants contend that section 3765 applies and controls, while appellee contends that section 4204 governs. 'Section 3765 provides that the husband, when the wife dies intestate, takes half the personalty absolutely, and the use of all the realty of the deceased spouse during his life. Section 4204 provides that the minor children of a deceased woman take the same estate and title and homestead rights in the property of the mother as the widow and minor…