McAllister's v. McAllister
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo.. Heard before the Hon. Wade Heyes. The bill in this case was filed'' by Mrs. -Agnes McAllister,' the widow of William McAllister,, deceased, against the-executor of said decedent, to recover the The .executor-filed an answer to-, the bill? denying -that-the plantation was appurtenant to the decedent’s residence, or connected therewith, or that the complainant was entitled to any portion of the rents; but admitting all tbe other,…
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Appeal from the Chancery Court of Marengo.. Heard before the Hon. Wade Heyes. The bill in this case was filed'' by Mrs. -Agnes McAllister,' the widow of William McAllister,, deceased, against the-executor of said decedent, to recover the The .executor-filed an answer to-, the bill? denying -that-the plantation was appurtenant to the decedent’s residence, or connected therewith, or that the complainant was entitled to any portion of the rents; but admitting all tbe other, allegations of the bill. He alleged, also,-by way of defense, that with'the proceeds.of-the crops-raised on tbe plantation…
1Opinion of the CourtA. J. Walker, C. J.
The-complainant’s deceaséd husband removed from bis plantation, in 1851, to a town distant about five miles, and thenceforward until his death, in lo53, resided in the town ; drawing his supplies from the plantation, having no business save the superintendence of the plantation, and no -income except from the planta-' ¿ion. -The majority of the court- are of the opinion, that the plantation of the deceased was not, within the meaning of section 1359- of the - Code, “connected with the dwelling-house where the deceased most usually-resided next before Ms death," and that the widow was not…
2Cases cited5 opinions
- Pinckard's Distributees v. Pinckard's AdministratorsSupreme Court of Alabama · 1854
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Perrine's Executors v. PerrineSupreme Court of Alabama · 1860
- Sellers v. SmithSupreme Court of Alabama · 1847
3Cited by9 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Hale v. CoxSupreme Court of Alabama · 1941
- Hays v. LemoineSupreme Court of Alabama · 1908
- Ogbourne v. Ogbourne's Adm'rSupreme Court of Alabama · 1877
- Benagh v. TurrentineSupreme Court of Alabama · 1877
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