Cate v. Cate

• Decision Date: 02 October 1897
• Citation: 43 S.W. 365
• Parties: CATE v. CATE et al.
• Court: Tennessee Supreme Court

43 S.W. 365

CATE v. CATE et al.

Court of Chancery Appeals of Tennessee.

October 2, 1897.

Appeal from chancery court, Bradley county; T. M. McConnell, Chancellor.

Bill by M. A. F. Cate against R. J. Cate and another. From the decree rendered, complainant appeals. Affirmed.

Creed F. Bates, for appellant. Mayfield, Son & Aiken, for appellees.

BARTON, J.

This bill was filed by the complainant, who was the widow of William Cate, deceased, as his administratrix and in her own right, to transfer the administration of her deceased husband's estate from the county to the chancery court, and to wind it up as an insolvent estate, sell lands to pay debts and to settle all matters, claims, and questions relating to the estate. Various matters of difference between different parties, and especially between her and her stepson, J. R. Cate, were set out, and various parties, and all necessary persons, were made parties defendant. All proper orders, references, and accounts were had, homestead, dower, and exemptions allowed, land sold and sales confirmed, and a general report made, and decree entered settling all matters of difference between all parties. To some of the reports the widow, the complainant, excepted; to certain parts of some of the decree she excepted, and has prosecuted her appeal, and assigns errors here; and the only points now open in the case are those made in her assignments of error, and will be taken up and considered in their order as made, the pertinent and material facts being stated in connection with each point.

The first complaint is in reference to a year's support, which the chancellor declined to allow her as a preferred claim out of the general assets, including proceeds of land sold. The facts in connection with this matter are that she filed her petition in the court asking to have a year's support set aside on the 4th of February, 1895. Then competent commissioners were appointed for this purpose, who reported that "they had proceeded to discharge the duty assigned them by going to the residence of the widow, where the effects of the estate, or a portion of them, are, and, after considering all the circumstances, the station and situation in life of the widow, her present necessities, and the character of the estate left by the intestate, have selected and set apart for the year's support of said widow the following specific articles of personal property, to wit: We find the estate consists of personal property, notes, and money, and no real estate, and therefore set aside no specific articles of personalty, because there is no personal estate except notes and money. We therefore set apart to the said widow the sum of six hundred dollars in cash, to be paid her personally out of the money now in the hands of the administrator of said estate, or any other property of said estate, all of which is to be her own individual property, and belong to her free from the claims of said estate, its administrator, or any creditor thereof." This report was confirmed by order of the county court, and it was ordered that she might be allowed to retain the $600 out of money in her hands, and to credit herself therewith as widow, or that it need not be embraced in any inventory made. She not having received anything as administratrix but a note, now in judgment, for about $239, on one ...