such sales as may be made under the decree of this Court, and that the residue of such proceeds if any there be, after paying the claim of the said complainants may be paid over to him to be distributed in due course of administration.
But whether or not these rights are equitable or conflict with the priority of the said complainants is respectfully submitted for the consideration of this Court upon the hearing of this cause.
The expenses of administration incurred by the said John M. Ferris and referred to in his said answer were proved before me by the oath of the said Ferris, as follows, to wit:—
Fees of the Probate Court
5.00
Printer’s Fees
10.00
Sheriff’s Fees
12.00
Clerk’s Fees
10.00
Contingent Expenses
23.00
Attorney’s Fees
40.00
$100.00
14. The bill aforesaid admits that the said defendants widow of the said Joseph Smith deceased, and since intermarried with the Lewis C. Bidamon is entitled to dower in all of the lands and lots described in this report, and the said insists in her answer aforesaid upon the assignment of such her dower.
15. The defendant formerly files her answer jointly with her husband Elisha Dixon and insists that under the deed herein before mentioned as having been executed by the said Joseph Smith in his lifetime to the said , , and and herself, she is equitably entitled to an undivided one fifth part of the premises mentioned in said deed and this report, and alledges that as to her said deed was founded upon a good and valuable consideration.
The allegation in said bill denying her said equity is unsupported by evidence, and her answer is admitted by the to be true.
16. The defendant has not been served with process, nor have the defendants Abram Lozier and E. Major [Magor] been served with process.
All of which said defendants are non-residents of this State.