Philpot v. WebbPhilpot v. Webb
- Reporters:
Henry G. Waggoner died in 1859, then owning certain rеal estate, and he left surviving him Matilda Waggoner, his widow, and Eliza J. Philpot and several others,’ his children by said Matilda, being his heirs at law.
Afterward,in September, 1860, said Matilda executed, jointly and severally, with William Henderson, two promissory notes, amounting in the aggregate to 866 dollars аnd 66 cents, рayablе to George W. Webb. Later, to-wit, in November, 1860, the widow, Matilda, intermarried with said Henderson; and, on the 20th of March following, (1861), she died, leaving- surviving her nо children by hеr second husband.
On the 6th of June, 1862, Webb, the рayeе of the above mеntioned notes, instituted this suit tо enforсe pаyment of them out of thе interest оf said Matilda in the real estate of hеr first husband, she hаving left no other prоperty, and Henderson being insolvеnt, The suit is agаinst her children by her first husband, thе heirs of Henry G. Waggoner, deceased. It is alleged that there is no administrator.
The Court held thаt one-third of the reаl estatе of her first husbаnd, Waggoner, descended to the said Matilda, in fee; that her subsequent marriage did not divest it; and that at her death it descended to her heirs, liable to be sold for debtB contracted by her.
Concurring in the opinion of the Court below, we affirm the judgment, with costs.
The judgment is affirmed, with costs.