Crowley v. Mellon
Supreme Court of Arkansas
APPEAL from Greene Circuit Court in Chancery. T. P. McGovern, Sp. Judge. Lucy Mellon, the appellee, brought this suit in chancery against B. H. Crowley, adminstrator of Thomas J. Mellon, deceased, and the sureties on his bond. Her complaint seeks to set aside and restate the final account of Crowley as such administrator, and to recover, as dower due to her, one-half of an amount collected by him on certain notes belonging to the estate of Mellon.
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APPEAL from Greene Circuit Court in Chancery. T. P. McGovern, Sp. Judge. Lucy Mellon, the appellee, brought this suit in chancery against B. H. Crowley, adminstrator of Thomas J. Mellon, deceased, and the sureties on his bond. Her complaint seeks to set aside and restate the final account of Crowley as such administrator, and to recover, as dower due to her, one-half of an amount collected by him on certain notes belonging to the estate of Mellon. The defendants, by answer, resisted a recovery on grounds which are sufficiently stated in the opinion. From the pleadings and evidence it appears,…
1Opinion of the CourtCockrill, C. J.
1. dower: In choses in action: Judgment assigning. It is apparent that Mrs. Mellon was not entitled to have dower assigned to her out of the notes executed by Lester to her husband. Her right to dower was fixed by the law in force at her husband’s death. The statute governing the matter at that time did not give the widow an absolute right to dower in her deceased husband’s choses in action, but only in what was left after the payment of his debts. Acts of 1859, p. 299. The law was changed by act of March 8, 1867, so as to make her right of dower in such property superior to the claims of…
2Cases cited1 opinion
- Hutchinson v. LemckeIndiana Supreme Court · 1886
3Cited by9 opinions
- In re McKenzieCourt of Appeals for the Eighth Circuit · 1905
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Wooten v. PenuelSupreme Court of Arkansas · 1940
- Wyatt v. WilhiteMissouri Court of Appeals · 1916
- Sherman v. ShermanSupreme Court of Arkansas · 1923
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