OF, THE STATE OF ARKANSAS. 19 TERM, 1862.] Harvill and wife vs. Holloway, etc. HARVILL AND WIFE VS: HOLLOWAY, AD. A widow is entitled to . dower in the undivided estate of her deceased husband, held by him and others as tenants in common—and so if the estate be a joint tenancy, as held in Menifee vs. Menifee, 3 Eng., 50. Appeal from Ashley Circuit Court. Hon. JOHN C. MURRAY, Circuit Judge. WADDELL, for the appellant. Mr. Justice ComProx delivered the 'opinion of the court. In this case Robert C. Harvill and Mary M., his wife, filed their petition in the probate court of Ashley county for assignment of dower to the said Mary M., in the - estate of her former husband, Berlin V. Holloway, deceased, who, at. the time of Ms death, was a minor, and whose estate consisted of the one-fourth. part of certain property belonging to himself and his three brothers, and which remained undivided in the possession of James L. Holloway, their guardiarL The probate court decided that Mrs -..Holloway waa not; entitled to dower, upon the ground that the property had not been divided, and the share Of Berlin. V.. set apart to him: in severalty.. On appeal, the circuit court affirmed the judgment of the probate court, and in doing so erred. Berlin V.. and Ms brother& were tenants in common ; and at common law the widow i& dOwable of an estate held by her husband aud other& aa tenants in common. Co. Lit., book 1, chap. 5, sees. 44, 45, title, Dower. Even if Berlin V. had held as joint tenant with his brothers—and he - did not—still, under our statutory provisions, the Iiidow would be dowable, as held by this. court in ilfenifee's adm'rs vs. Menifee et al., 3 Eng., 50. The judgment must be reversed, and the cause remanded to the circuit court, with instructions to reverse the judgment of the probate court, and try the case de novo.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.