Wiggins v. Mertins
Supreme Court of Alabama
Appioal from Probate Court of Montgomery.. Tried before tbo lion. J. B. Gaston. On February 14. 1894, J. F. Roper, wbo was then a bona fide resident of Montgomery county, Alabama, died, leaving at the time of bis death, certain minor children, towit, Effie, Maggie, Nellie and Robbie Roper.
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Appioal from Probate Court of Montgomery.. Tried before tbo lion. J. B. Gaston. On February 14. 1894, J. F. Roper, wbo was then a bona fide resident of Montgomery county, Alabama, died, leaving at the time of bis death, certain minor children, towit, Effie, Maggie, Nellie and Robbie Roper. On March 15, 1894, S. S. Boothe was appointed administrator of the estate of J. F. Roper, deceased, and took possession of the property belonging to said estate, which consisted of money and dioses in action. On November 25,1895,the appellee, G. F. Mertins, was appointed guardian of Maggie, Nellie and…
1Opinion of the CourtColeman, J.
The abstract presents but two questions which require consideration. The first is, whether the exemption of one thousand dollars of personal property from administration and the payment of debts in favor of the widow and minor child or children of a decedent, as provided by the statute, is available against a creditor, the evidence of whose debt contains a waiver of exemptions as to personalty. The statute (sections 2545, 2546 of the Code) are plain and explicit in exempting personal property, to the amount of one thousand dollars, from administration and the payment of debts contracted after…
2Cases cited1 opinion
- Reeves & Co. v. PetermanSupreme Court of Alabama · 1895
3Cited by5 opinions
- Bishop v. JohnsonSupreme Court of Alabama · 1942
- Wright v. FanninSupreme Court of Alabama · 1934
- Haynes v. HaynesSupreme Court of Alabama · 1938
- T. S. Faulk & Co. v. BoutwellSupreme Court of Alabama · 1942
- Rodgers v. BradleySupreme Court of Alabama · 1988