This cause was removed from Macon county. After the hearing of the cause at a former term of the Court, and a decree for an account against the defendants, who had the fund in their possession, it was referred to Mr. Dodge, the cleric of this Court, to report the names of the children of E'aehel Wilson, and the amount of the severaljsharos to which each was entitled.
Decided 1861-08-05
PearsoN, C. J.
¶1
The exception is over-ruled. It is clearly settled, that where a husband dies, after an interlocutory decree for an account, the wife surviving, becomes entitled to the amount that may be recovered by the final decree; indeed, the wife, surviving, is entitled, although the husband should not die until after final decree; for he does not actually reduce the chose into possession by a judgment or final decree ; that can only be done by execution or payment to. the husband, and the legal effect given to a judgment or decree, is to give the husband the benefit of taking, by survivorship, in case of the wife’s death ;
Nanny
v.
Martin,,
1 Eq. Ca. Ab. 68;
McCauley
v.
Phillips,
4 Ves. Jun’r. 15.
