Strawn v. Strawn

1. Special dower of a widow—construction of the statute. The statute providing for an allowance to a widow of such beds, bedsteads, bedding and household and kitchen furniture as may be necessary for herself and family, and provisions for a year for herself and family, is not to be construed, in regard to the character and amount of such allowance, without reference to the circumstances of the parties, but in fixing such allowance, the appraisers should take into view the condition and mode of life in which the widow was left by the death of her husband, and regard as necessary that furniture which is the ordinary and appropriate furniture for such homesteads. 2. The word “ family,” as used in this statute', does not include alone the widow and the minor children of the deceased, but includes such persons as constituted the family of the deceased at the time of his death, whether servants, or children who had attained their majority. In this is not to be included boarders, but only the persons constituting the private household of the deceased. 3. The design of the statute was to furnish the necessaiy sustenance for such household for one year after the death of the husband, and to enable the widow to keep her domestic circle, as respects the remaining members, unbroken, during that time; and the allowance of bedding, furniture and provisions should be made upon this basis. 4. So where the husband died, leaving an estate of the value of $500,000, and a large and comfortably furnished house, and a family, besides four of his children, who were all of age, consisting of his widow, a young woman raised by the family, a house-keeper, a cook, a man-servant, and a man who acted as superintendent of a large farm under the widow’s control, an allowance to the widow of beds, bedsteads and bedding estimated at $400, household and kitchen • furniture estimated at $1600, and provisions for a year estimated at $1590," was not regarded as unreasonable or extravagant.

• Appeal from the Circuit Court of Morgan county; the Hon. Charles- D. Hodges, Judge, presiding. This was an appeal from the county court of Morgan county, to the circuit court, involving a question in regard to the character and amount of the special dower for the widow of Jacob. Strawn, deceased. Upon the hearing in the circuit court, the original appraisement bill was given in evidence on behalf of the widow, as follows: The special dower reported and estimated by the appraisers, was as follows: Necessary beds and bedding for the widow and family........$ 400.00 Necessary household and kitchen furniture.................. 1600.00 One spinning wheel.................... 5.00 One loom and appendage................................. 25.00 One pair of cards............................................ 1.00 One stove and the necessary pipe therefor.................. 25.00 One milch cow and calf.................................... 50.00 One horse................................................ 40.00 One woman’s saddle and bridle............................. 15.00 Provisions for one year.................................... 1500.00 Four sheep and fleeces..................................... 32.00 Food for three months....................................... 50.00 Other property............................................ 60.00 The household and kitchen furniture, as per appraisement bill, was as follows, to-wit: HOUSEHOLD AND KITCHEN FURNITURE. EAST ATTIC (ROOM.) Bedstead, wash-stand, looking-glass, two chairs................$40.00 Bed mattress and bedding.................................... 15.00 Curtains, $5; carpets, $30................................... 35.00 WEST ATTIC (ROOM.) Carpet....................................................$30.00 Two bedsteads, wash-stand, two chairs and glass.............. 12.00 Beds and bedding........................................... 30.00 Stove and pipe.............................................. 10.00 ATTIC HALL. Floor and stair carpets.......................................$40.00 EAST ERONT CHAMBER. Secretary...................................................$30.00 Bedstead, bureau, table and chairs........................... 65.00 Bed and bedding............................................ 15.00 Carpet, $20; stove, $10..........'............................ 30.00 SECOND STORY HALL. Floor and stair carpets.....................................$50.00 WEST FRONT CHAMBER. Wardrobe, $30; bedstead, bureau and chairs, $70............$100.00 Beds and bedding, $15; two marble top tables, $50............ 65.00 Three sets window curtains, $30; rocker, $5.................. 35.00 Looking-glass............................................... 13.00 WEST BACK CHAMBER. Two bedsteads, wash-stands, bureau, chairs and rocker........$130.00 . Carpet and rug............................................. 30.00 Stove, $10; three sets curtains, $30......................... 40.00^ Beds and bedding.......................................... 30.00 LOWER HALL. Pier table and chairs.......................................$10.00 SITTING ROOM. Sofa, $35; secretary, $30....................................$45.00 Two end tables, $35; chairs and rocker, $10.................. 35.00 Looking-glass, $4; carpet and rug, $35....................... 39.00 Curtains, $15; clock, $10; stove, $3......................... 37.00 PARLOR. Two centre tables, $10; sofa, $40; chairs, $40................$ 90.00 Booker, $10; mirrors, $100.................................. 110.00 Curtains, $60; carpets, $130; whatnot, $5................... 185.00 Two astral lamps, $5; stove, $10........................... 15.00 DINING ROOM. Extension table..........................................$15.00 Twelve chairs, $13; hat rack, $5; carpets, $35 ............... 43.00 Stove...................................................... 10.00 men’s room. Two bedsteads, stand and chairs..............................$ 6.00 Beds and bedding, $30; carpets, $3......................... 33.00 „ drovers’ room. Four bedsteads, wash-stand and chairs.......................$ 30.00 Beds and bedding, $60; curtains and carpets, $40; stoves, $5... 105.00 KITCHEN AND WASH HOUSE. Cooking stove, etc. $35; cupboard and dishes, $35............$ 50.00 Ironing table, washtubs and churn........................... 10.00 One-half doz. silver table spoons, $15; one doz. tea spoons, $8.. 28.00 Castor, knives and forks.................................... 7.00 Other articles, not enumerated............................... 310.00 Plaintiff offered to prove the extent and value of Jacob Strawn’s estate, real and personal. The admission of this was objected to as'immaterial and irrelevant, which objection was overruled, and exception then and there taken. Plaintiff then proved that Jacob Strawn died the owner of a farm containing about four thousand acres; of five other valuable farms; of Strawn’s hall, in Jacksonville; of a large and valuable dwelling house on the homestead, and the furniture hereinbefore set forth, and that Phebe G. Strawn took possession of all the real estate, and managed the same, and accounted for rents. Plaintiff also offered to prove that a daughter over eighteen years of age, and divers other persons, as servants and employees, lived with Phebe G. Strawn after the death of her husband, and constituted part of her family. The admission of this evidence was objected to, on the ground that, the word family, as used in the statute giving special dower, ' included only the widow and minor children of the deceased husband, which objection was overruled by the court, to the overruling of which objection the appellant then and there excepted. Plaintiff then proved that Martha Strawn, a daughter of Jacob and Phebe Strawn, aged twenty years, lived with said widow; also, a girl fifteen years of age, who had been several years with the family, as one of the family, but not related; a female servant, employed as a cook; a hired man; and a man employed as a superintendent and clerk, all resided with said widow after the death of her husband, and at the time of his death. That Jacob Strawn died intestate on the twenty-third day - of August, 1865, leaving a widow (Phebe G. Strawn) three children (the appellants) by a former wife, all of whom were married and had families; also, five children of said Jacob and P. G. Strawn, to-wit: Jacob, who was married; Julius E., aged twenty-six years, single; Gates, aged twenty-four years, single; Daniel G., aged twenty-two years, single; and Martha, aged twenty years, single; all of whom, except Martha, made the said widow’s house their home; but during the year after their father’s death, were traveling most of the time in Europe. Martha, the youngest child, was, most of the year following the death of her father, at school in Massachusetts. The plaintiff also offered in evidence a written statement, filed by P. G. Strawn, in the Morgan county court. This paper contains a statement that she has ascertained that the estate is solvent, and that the personal estate, apart from the household goods appraised, is more than sufficient to pay all claims against Jacob Strawn’s estate, and that she elects to take the household goods mentioned in the appraisement bill, and hereinbefore set forth, at their valuation, on account of, and in part satisfaction of her special dower. The appraisers’ second report was also offered in evidence by plaintiff. In this report of re-estimate, the appraisers adhere to their first report as to special dower, except Lurton, one of the appraisers, who filed a written dissent. • In this second report, the appraisers set out that Jacob Strawn’s estate, real and personal, was estimated as worth $500,000, and as the appraisers understood, the family of the widow consisted of herself, one young woman raised by the family, a house-keeper, a cook, a man-servant, and a man who acted as superintendent and clerk. The appraisers, in their report, say that as the basis in part of their estimate of the widow’s special dower, “that there must be, of necessity, a large number of calls upon the widow, requiring outlays for family supplies, and in the employment of hired hands.” The appraisers also refer to some twenty cases, as precedents, set in the Morgan county court, where, in proportion to the value of the estate, a much larger sum had been allowed widows, than had been allowed in this case. The plaintiff, the appellee, here closed her ease. The appellants, William Strawn et at. then introduced the following testimony: J. Kelsey, a witness, being duly sworn, testified that he kept a hotel in Jacksonville in the years 1865 and 1866, and knew the price of provisions in Jacksonville and its neighborhood in those years; that he had been a hotel keeper and boarding house keeper for the last forty years; that provisions for one person for one year, on the basis of the best style of living, in the years 1865 and 1866, in and near Jacksonville, would not have cost more than one dollar per day, and, in his judgment, would not have cost that much. Provisions for a family of three would not have cost more than $500, and provisions for a family of eight would not have cost more than $800 for one year. Necessary beds, and bedding and bedsteads for one person, would not have cost moré than $85. Necessary household and kitchen furniture for one person, would not have cost more than $136; kitchen furniture, including stove and pipe, and other furniture, would not have cost more than $100. This was all the evidence in the case. The court thereupon adjudged that the said Phebe G. Strawn be allowed the sum of $3903 as her special dower; that said Phebe G. Strawn be allowed to retain, in part satisfaction of said special dower, the household goods and furniture, at their valuation by the appraisers, to-wit, $1994, and that she be allowed credit, in her account as administratrix, for the balance of said $3903; that said Phebe G. Strawn recover her costs, and that a copy of this judgment be certified to the said Morgan county court, to which judgment of the Morgan circuit court, the said William, James G. and I. Strawn then and there excepted, and prayed an appeal, which was allowed. The following is the assignment of errors: 1. The court erred in allowing to Phebe G. Strawn, as the widow of Jacob Strawn, the sum of $3903 as her special dower. 2. The court erred in admitting testimony of the extent and value of the real and personal estate of Jacob Strawn, as affecting the question of the amount of the widow’s special dower. 3. The court erred in admitting testimony that hired hands and servants, and persons other than relatives of Jacob and Phebe Strawn, and children of Jacob Strawn, not minors, were living with her and constituting part of her family. 4. The court erred in determining that the word “ family,” in the statute giving special dower, includes hired hands, servants, persons other than relatives of Jacob and P. Gr. Strawn, and children who had arrived at majority. 5. The court erred in determining that “ provisions for a year,” in the statute relating to special dower, includes such a supply of provisions as will enable the widow to employ servants, and entertain company, in a style proportioned to the wealth of her deceased husband. 6. The court erred in determining that the phrases “ necessary beds and bedding,” and “ necessary household and kitchen furniture,” include such a supply of furniture and bedding, etc. as will enable the widow to employ servants, furnish a house for children who have arrived at majority, and for needy dependants, in a style proportioned to the wealth of her deceased husband.