
    Robinson vs. Robinson.
    1. Upon a divorce a vinculo, the wife is entitled to a fair portion of her husband’s estate for her support; and the amount thus to be appropriated, is a matter within tho legal discretion of tho Chancellor, subject to tho revision of tho Supreme Court.
    2, A decree setting apart half of the defendant’s land to tho wife, and half to the husband, during their respective lives, with remainder to their children, is not warranted by law.
    This is a bill which was filed by Jane Robinson, in the Chancery Court at Shelbyville, against her husband Joseph Robinson, for a divorce and maintenance.
    The following decree, made in the premises, exhibits the facts and the views of the Chancellor thereupon:—
    “Be it remembered that this cause came on for hearing before the Hon. B. L. Ridley, Chancellor &c. on the 27th day of August, 1846, upon bill, answer and proof; and it appearing to the satisfaction of the court that complainant and defendant intermarried in Bedford county, Tennessee in the year 1836, and that they have resided in Bedford county ever since said marriage.
    And it further appearing to the satisfaction of the court that for several years past, that said defendant was guilty of cruel, inhuman and abusive treatment of said wife, that he frequently cursed and abused her, and ordered her out of his house, and that he has been in the habit of drinking to excess for several years, and that he offered such indignities to her person as to render her condition intolerable, that in October, 1845, he beat and choked his said wife, and inflicted several severe wounds and bruises upon her head, neck and other parts of her body, and that by his cruel treatment of her, and the indignities offered to her person, that she was compelled to leave him and seek protection from her father, about the last of October, 1845 with whom she has resided ever since.
    And it further appearing to the court that complainant is a woman of fair fame and reputation — is of economical, prudent and industrious habits. It is therefore ordered, adjudged and decreed by the court, that the bonds of matrimony now subsisting between the said complainant and said defendant Joseph Robinson be dissolved, annulled and for nought held and the complainant be restored to all the priviliges of a femme sole. It further appearing to the court that complainant and defendant have four children, Robert J, Rufus Alexander, Margaret Francis, and Thomas David Robertson, the oldest being about nine or ten years of age, who are now in the custody of defendant; and from said defendant’s habits of intemperance, he is a very unfit person 'to raise and educate said children, that it is obviously for their benefit and advantage, at least for the three youngest, to be placed in the custody of complainant.
    And it further appearing to the satisfaction of the court, that said defendant, besides other property, owns a tract of land containing about two hundred and fifty acres, situate in said county of Bedford, three miles west of Shelbyville,- and upon which he now resides; and another 80 acre tract of land; and that he also owns a negro woman named Kate, and her two small children and other personal property besides a negro man. And it also appearing to the satisfaction of the court that complainant has no property or means of support but is wholly dependant on her father. It is therefore ordered and decreed by the court, that said defendant deliver complainant her two younger children, Margaret Francis and Thomas D. Robinson, to be kept, raised and. controlled by her. And the court deems proper and doth also further order, adjudge and decree, that the title to the above described tract of two hundred and fifty acres be divested out of the said Joseph Robinson and vested in John T. Niel as trustee, and to the intent and purpose following, that is to say, the said tract of land shall be divided into two parts equal in quantity and value as near as practicable, allotting to each of said divisions as near an equal quantity of cleared land as may be possible, and said J. Robinson shall have the use, benefit and profits and issues of one half of said tract which includes or may include the dwelling house, out houses, stables, lots and spring for oldest children, during his natural life, and the said complainant shall have, hold, enjoy the rents, use, issues and profits of the other half or moiety of said tract of land, for the maintenance and support of herself and two youngest children during her natural life; and at the death of said complainant and defendant, the whole of said tract of land shall be equally divided among said four children. It is also ordered and decreed by the court that the title of Joseph Robinson in and to the negro woman Kate and her two children be divested out of defendant and vested in the said John T. Niel as Trustee, as aforesaid, for the use, benefit and support of the said complainant and said two youngest children during her natural life, and at her death the said negro woman, two children and increase be equally divided among said four children of complainant and defendant. It is further ordered and decreed by the court that the said John T. Niel and the Clerk and Master of this court make the division of the tract of land herein directed to be made, and that said Neil as trustee, as aforesaid, take possession of the moiety of said land set apart for the benefit of said complainant on or before the 25th of December next. It is further ordered and decreed by the court, that any division fences which may be necessary between said two divisions of land_ shall be made jointly by said trustee and defendant.
    It is further ordered and decreed by the court, that the Sheriff of Bedford county forthwith execute this decree as to the delivery of the slaves, bed and children to complainant or said Neil as trustee. It is also ordered and decreed by the court that the defendant pay the costs of this cause, for which execution may issue as at law. And it is, also, ordered, that said Neil and the Clerk of the court report their proceedings to the next term of this court. Until which time all other matters are reserved.”
    From which the defendant appealed.
    
      Whitesides, for the complainant
    
      
      Whitesides, for the complainant.
    
      Ed. Cooper, for the defendant.
   Turley, J.

delivered the opinion of the court.

In this case, we think, under all the circumstances, the decree divorcing the complainant, ought to be affirmed.

But, we all think, that the attempt to impound the land of the defendant, one half to his own use for life, and one half to his wife’s use for life, with remainder to his children, is not warranted by law. Upon a divorce a vinculo, the wife is entitled to a fair portion of her husband’s estate for her support, and the amount thus to be appropriated, is a matter within the legal direction of the Chancellor; but subject to supervision in this Court.

The Chancellor in this case has given in our estimation too much; one half of the land and the negro woman and her two children.

We, therefore, modify the decree of the Chancellor, by giving to the complainant the negroes specified, for life, without charging her with the maintainance of the two children, given to her by the decree, and at her death, the negroes and their increase to belong to her four children by the defendant, the land to remain, as it is, the property of the defendant. The decree, in all other respects will be affirmed.  