Hatten v. Hatten

Woods, Judge:

The widow of James Hatten brought this suit against her step-son, executor and sole beneficiary under the husband’s will, for the purpose of having dower assigned and to recover one-third of the surplus of the personal estate. The defense interposed was that plaintiff had deserted her husband, and therefore had no interest whatsoever in the estate. On this issue the commissioner found that the plaintiff was “temporarily away from home for medical treatment and was not living separate and apart from him at the time of his death.” The chancellor overruled the exception to this…