Oliver Wendell Holmes, Jr.

“ The master to whom the case was referred to take the proof and report his findings of fact and conclusions of law was of opinion that the widow's interest 'was purely that of dower,' and excluded the decree of the probate court. But he attached it to his report and the decree was considered by the courts, as we have indicated. The plaintiffs contend that thereby they have been prevented from introducing evidence to control the effect of the alleged decree. This is a matter of local practice that does not concern us. ”

“ The Constitution of 1874 (art. 9, § 6) gives the occupation of the homestead of the deceased to his widow for life. The minor children take half during minority, but there were no minor children in this case. ”

“ Squire Saunders having the possessory right to the lot, which lay in the town of Muskogee, Creek Nation, Indian Territory, it was awarded to him by the townsite commission. On October 22, 1900, he died intestate. ”