Hooks v. Brown
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. A. W. Dillard. This was a bill filed by the appellees, S. and A. Brown, against the appellant, Margaret A. Hooks, and seeks to subject her interest in certain lands, to the payment of a joint note made by her and her husband, who had since died insolvent.
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Appeal from Sumter Chancery Court. Heard before Hon. A. W. Dillard. This was a bill filed by the appellees, S. and A. Brown, against the appellant, Margaret A. Hooks, and seeks to subject her interest in certain lands, to the payment of a joint note made by her and her husband, who had since died insolvent. She derived her interest in the land from the will of her mother-in-law, the clause of which relating to said lands is as follows ; “ I give and bequeath to my daughter-in-law Margaret A. Hooks, wife of my son David W. Hooks, all of my landed estate during her life, and after her death to…
1Opinion of the CourtBrickell, C. J.
The common law favored, the marital rights of the husband, and though courts of equity recognized and enforced trusts for the separate use of the wife, to the creation of such trusts, it was essential "“there should have been a clear, unequivocal intent to include the rights of the husband, and to vest in the wife the separate use and enjoyment. No particular form of words was necessary, but from the language of the instrument, and alLthe circumstances disclosed in it, a plain intention that the marital rights of the husband should not attach, and that the wife should hold and enjoy free and…
2Cases cited3 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Bender v. ReynoldsSupreme Court of Alabama · 1847
3Cited by5 opinions
- Travis v. SitzTennessee Supreme Court · 1915
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Bash v. HowaldSupreme Court of Oklahoma · 1910
- Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
- Rogers v. TorbertSupreme Court of Alabama · 1880