Webb v. Webb's Heirs
Supreme Court of Alabama
Appeal from tbe Chancery Court of Limestone. Heard before the Hon. E. D. Townes. This bill was filed by the heirs-at-law and distributees -of John Webb, deceased, against his widow and personal representative ; asking the reformation and specific performance of an ante-nuptial contract entered into between said Webb and his second wife (now his widow), and an injunction of certain proceedings instituted by Mrs. Webb in the probate court for her dower and distributive share…
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Appeal from tbe Chancery Court of Limestone. Heard before the Hon. E. D. Townes. This bill was filed by the heirs-at-law and distributees -of John Webb, deceased, against his widow and personal representative ; asking the reformation and specific performance of an ante-nuptial contract entered into between said Webb and his second wife (now his widow), and an injunction of certain proceedings instituted by Mrs. Webb in the probate court for her dower and distributive share of her said husband’s estate. The ante-nuptial contract, upon which the principal questions in the case arise, is as…
1Opinion of the CourtStone, J.
We do not deem it at all necessary to consider the law of jointure, as settled in England under the 10th chapter of the statute 27 Henry VIII, and in many States of this union under similar enactments. Nor is it necessary that we should discuss the system of equitable jointures, 'which, in analogy to the statutes, has grown up under those jurisdictions, and which, in many cases, perfected a bar, where material requisitions and formalities of the statute were omitted. Neither is it necessary that we should declare the effect of an antenuptial agreement, purporting to bar dower, entered into by…
2Cases cited24 opinions
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Milton v. RowlandSupreme Court of Alabama · 1847
- Ellis v. BurdenSupreme Court of Alabama · 1840
- Gould v. WomackSupreme Court of Alabama · 1841
19 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Paxton v. Benedum-Trees Oil Co.West Virginia Supreme Court · 1917
- Porter v. HendersonSupreme Court of Alabama · 1919
- Graves v. WheelerSupreme Court of Alabama · 1913
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Rieger v. SchaibleNebraska Supreme Court · 1908
24 more not listed; retrieve them via the Exa API.