Goodfellow v. Wilson

HORNBECK, PJ.,

Dissenting:

I am not insensible to the appeal which the cause of the widow makes in this case as against the distant relatives who claim against her. If her right could be determined purely upon equitable principles there is much to be said in favor of her taking the whole of her husband’s estate. ’ This equitable principle cannot control. The whole matter is one of statutory interpretation. Strong facts may make bad law and the danger is that a rule of interpretation which may' be equitable *576in this one case will prove to be unjust in the great mass of cases to which the…