Joseph Rucker Lamar

“ He insists that § 8 [1] of the bankruptcy act does not create a right, but, as in this case, merely preserves the right, given by the state law, to have a year's support 'out of the estate' left by the husband and father. It was then argued that as the title to the property had vested in the trustee before the death of the bankrupt, Dicks did not die 'leaving an estate,' and there was, therefore, no estate out of which, under the Code of Georgia, the year's support could be set apart. ”

“ The death or insanity of a bankrupt shall not abate the proceedings, but the same shall be conducted and concluded in the same manner, so far as possible, as though he had not died or become insane: Provided, That in case of death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the state of the bankrupt's residence.'↑ '§ 70. Title to property.-a. The trustee of the estate of a bankrupt, upon his appointment and qualification . ”

“ There has been some conflict in the decisions dealing with the subject (Re McKenzie, 73 C. C. A. 483, 142 Fed. 384 [6] ; Re Slack, 111 Fed. 523; Re Newton, 122 Fed. 103; Re Seabolt, 113 Fed. 767; Re Parschen, 119 Fed. 976; Thomas v. Woods, 26 L.R.A. (N.S.) 1180, 97 C. C. A. 535, 173 Fed. 586, 19 Ann. Cas. 1080; vacated, 101 C. C. A. 664, 178 Fed. 1005) , but the foregoing considerations require that the question of the Circuit Court of Appeals should be answered, Yes. ”