Barwick v. Rackley
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellees, Margaret Rackley, formerly widow of James G. Barwick, deceased, in her own right, and G. W. Rackley, as next friend of James R. Barwick, minor child of said deceased, brought this action against Reddin Bar-wick, the appellant, to recover damages for the conversion by bim of certain personal property of said deceased, which they claimed was exempt from administration and sale, for the use…
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Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellees, Margaret Rackley, formerly widow of James G. Barwick, deceased, in her own right, and G. W. Rackley, as next friend of James R. Barwick, minor child of said deceased, brought this action against Reddin Bar-wick, the appellant, to recover damages for the conversion by bim of certain personal property of said deceased, which they claimed was exempt from administration and sale, for the use of the family. On the trial it was proved that appellant was administrator of James G. Barwick, who died about 1862, in…
1Opinion of the CourtB. F. Saffold, J.
The appellees sued the appellant for the conversion of certain property belonging to the estate of which he was the administrator, claiming that it was exempt from administration for their use as the family of the intestate. He defended on the ground that the sale of the articles was made at the request of the widow, and that he had accounted to her and the infant distributee for the proceeds. The judgment was for the plaintiffs.
The articles of personal property enumerated in section 2061 of Revised Code, are not subject to administration when the deceased leaves a widow, or a child or…
2Cited by2 opinions
- Thorington v. City Council of MontgomerySupreme Court of Alabama · 1889
- J. T. Camp Transfer & Warehouse Co. v. BonhamAlabama Court of Appeals · 1914