In re McKenzie

Citations

• 142 F. 383
• 73 C.C.A. 483
• 1905 U.S. App. LEXIS 4115

Syllabus

<p>1. Bankruptcy — Review—Appeal or Petition eor Revision — Widow’s Right oe Dower — Review able Either Way:</p> <p>The grant of jurisdiction to the Circuit Courts of Appeals (Bankr. Act July 1, 1S98, c. 541, § 24a, 30 Stat. 553, U. S. Comp. St. 1901, p. 3431), to review by appeal the final decision of a controversy arising in bankruptcy proceedings of which that court would have had appellate jurisdiction if it had arisen in any other case in a federal court, and' the grant of jurisdiction to revise and superintend in matter of law the proceedings of the inferior courts of bankruptcy (section 24b [U. S. Comp. St. 1901, p. 3431]) are not exclusive of each other, but cumulative or concurrent grants, the former of jurisdiction to review questions of law and of fact, the latter of jurisdiction to review questions of law only.</p> <p>An aggrieved party often has a choice of these methods.</p> <p>A decision of a controversy in bankruptcy proceedings which involves a widow’s right of dower in the estate of the bankrupt presents a case of this character, and where no disputed question of fact is in issue this court has jurisdiction to review it by a petition for revision.</p> <p>[Ed. Note. — Appeal and review in bankruptcy cases, see note to In re Eggert, 43 C. C. A. 9.]</p> <p>2. Same — Division oe Estate Between Creditors and Bankrupts and Their Families Governed by State Laws.</p> <p>It was the intention of Congress and the public policy embodied in the bankruptcy law to divide the estate of a bankrupt between him, his wife and children on the one hand, and his creditors on the other hand, as the laws of the state of his domicile authorized its division under like circumstances.</p> <p>B. Same — Rights oe Dower — Construction oe § 8a.</p> <p>Bankr. Act July 1, 1898, c. 541, § 8a, 30 Stat. 549 [U. S. Comp. St. 1901, p. 3425], expressly enacts, and its true interpretation is, that the widow and children of a bankrupt who dies during the pendency of bankruptcy proceedings