In re Slack

Citations

• 111 F. 523
• 1901 U.S. Dist. LEXIS 95

Syllabus

<p>1, Bankruptcy—Death of Bankrupt—Allowance to Wtdow.</p> <p>Bankr. Act 1898, § 8, provides tliat, in case of the (loath of a bankrupt pending the proceedings, “the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the state of the bankrupt’s residence.” The statutes of Vermont give a widow such part of the personal estate of her deceased husband as may be assigned to her by the probate court, but not less than one-third alter payment of debts and expenses. Held, that where a bankrupt died after his personal estate had been disposed of by his trustee, and the proceeds were insufficient to pay the debts, there was no allowance therefrom, “fixed by the laws of the state,” to which the widow was entitled.</p> <p>•2. Same—Dower—Vermont .Statutes.</p> <p>Under the statutes of Vermont, the widow of a deceased person is entitled to one-third in value of the real estate of which her husband died seised in his own right in fee as an enlarged right of dower. Held, that a bankrupt' who died after the title to his real estate had become vested in his trustee for the benefit of creditors by operation of the bankruptcy .law, but before it had been disposed of, remained seised of the same until his death for the purposes of inheritance, and within the meaning of such statute; and that under Bankr. Act 1898, § 8, which preserves to the widow in ease of the bankrupt’s death the right of dower fixed by the state laws, the widow of such bankrupt was entitled to have one-third in value of the real estate set apart to her as dower.</p>