Wells v. Wilder

• Decision Date: 30 June 1867
• Parties: ELIAB W. WELLS, administrator of JAMES WILDER, plaintiff in error. v. MARY C. WILDER, defendant in error.
• Court: Georgia Supreme Court

36 Ga. 194

ELIAB W. WELLS, administrator of JAMES WILDER, plaintiff in error. v. MARY C. WILDER, defendant in error.

Supreme Court of the State of Georgia

(Milledgeville, June Term, 1867.)

Note. Warner, C. J. did not preside in this case.

Twelve months\' allowance to widow and children. Tried before Judge Speer. Pike Superior Court, April Term, 1867.

This case stood for trial in said Court, on appeal from the Court of Ordinary. It was an application for "the twelve months' allowance for the support of widows and children."

It was caveated by plaintiff in error.

The testimony was as follows:

Mary C. Wilder (the widow applying,) said: James Wilder left six children, four of them minors, three living with me. He had nineteen slaves, four hundred and five acres of land, and considerable personal property. He died January, 1865.

Myself and children have worked hard for a support since his death. Until administration was had, we lived on the estate, (farm) and used what was left there; most of the corn and meat was taken from me. I do not know whether the estate is solvent; it was at the death of my husband.

I sold a horse to pay Dr. Caldwell's bill for medical attention; I sold a mule to get corn to live on; I got $140.00 *worth of corn—I disposed of none of it to my son or son-in-law-—I was forced to buy corn to keep the stock from perishing. I injured my hand while working to try to keep from selling the stock; my hand is now disabled, and I fear permanently so. Twelve months after husband's death, caveator applied, as a creditor, to me, about his debt; I could not have kept the stock alive without selling the mule; as I could get money for my work, I paid it for the first twelve months Cannot say how much money I borrowed—more than $100.00. I cannot say how much provisions my husband left, most of it was taken by the soldiers passing by.

The following return of the Commissioners was read in evidence for applicant:

"We, the undersigned, appraisers appointed by the Court of Ordinary of Pike county, to appraise and set apart a sufficiency of the household and kitchen furniture for the use of the widow and minor children of James Wilder, late of said county, deceased, and to appraise and set apart twelve months support for said widow and children, do appraise and set apart all the household and kitchen furniture on hand for the use of said widow and children, viz:

                --------------------------------------------
                |2 |                             |$ 50 00  |
                |--|-----------------------------|---------|
                |1 |two-horse Wagon              |75 00    |
                |--|-----------------------------|---------|
                |30|                             |60 00    |
                |--|-----------------------------|---------|
                |3 |pair Plow Gear               |4 00     |
                |--|-----------------------------|---------|
                |1 |                             |12 00    |
                |--|-----------------------------|---------|
                |1 |                             |150 00   |
                |--|-----------------------------|---------|
                |2 |Mules                        |275 00   |
                |--|-----------------------------|---------|
                |1 |Buggy                        |20 00    |
                |--|-----------------------------|---------|
                |15|                             |50 00    |
                |--|-----------------------------|---------|
                |5 |                             |7 00     |
                |--|-----------------------------|---------|
                |1 |Cutting-Knife                |8 00     |
                |--|-----------------------------|---------|
                |  |Cash to be paid out of estate|289 00   |
                |--|-----------------------------|---------|
                |  |                             |$1,000 00|
                |--|-----------------------------|---------|
                --------------------------------------------
                

"We, the undersigned appraisers, agree that it will take the foregoing for the widow and minors' support for one year.

Robert H. Allen,

(Signed) W. B. Ballard,

L. J. Green, J. P.

*"I do certify that the appraisers were sworn to do their duty according to law.

(Signed) L. J. Green, J. P.

The testimony for caveator was as follows:

Dr. J. Caldwell sworn, said: Deceased left a good many negroes at his death, a widow and at least four children. I can't say what is a reasonable support for such a family. I got a horse from the estate, paid $250.00 for it. My medical bill was $246.00. I tried to get the horse from Wilder in his lifetime, he always refused to sell him, said he intended the horse for his wife. I allowed her $288.00 for the horse.

Wilder was sick two or three months before his death; other members of the family were sick; the main portion of the bill was for Wilder's last sickness. Wilder was a good provider for his family, lived well, in as good style as is usual in the country. Provisions were high about the time and after his death. Soldiers cut down a good deal of the corn the fall before he died in January. Another raid passed after his death. Plaintiff was obliged to...