Turner v. Kelly
Supreme Court of Alabama
Bill in Equity for Settlement and Division of Decedent's Estate. Appeal from the Chancery Court of Mobile. Heard before Hon. H. Austill. H. H. Slatter died intestate, in Mobile, in September, 1853, leaving four heirs at law, viz : Shadrach and Hope H. Slatter, Emma C. Kelly, (the appellee), and Ann P. Holly; Mrs. Holly died afterwards leaving two children, Anna G. Turner andjHenry Holly, who are the appellants in this case.
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Bill in Equity for Settlement and Division of Decedent's Estate. Appeal from the Chancery Court of Mobile. Heard before Hon. H. Austill. H. H. Slatter died intestate, in Mobile, in September, 1853, leaving four heirs at law, viz : Shadrach and Hope H. Slatter, Emma C. Kelly, (the appellee), and Ann P. Holly; Mrs. Holly died afterwards leaving two children, Anna G. Turner andjHenry Holly, who are the appellants in this case. On the 12th of November, 1851, the intestate made an advancement to his daughter, Mrs. Holly, of certain real estate situated on the east side of Royal street, in the city…
1Opinion of the CourtStone, J.
— When one dies intestate, seized of lands, the title descends, and vests eo instanti in the heir, who can at once claim the rents, and maintain an action for the recovery of the possession. This is not, however, an absolute right. Under our statutes, lands are made subject to debts, and the personal representation is clothed with the power to intercept the descent, claim the rents and the possession, rent out the lands, obtain an order for their sale and sell them, for the purpose of administration, and to pay debts. This is a mere power, but its assertion suspends the heir’s right to the…
2Cases cited4 opinions
- Calhoun v. FletcherSupreme Court of Alabama · 1879
- Warfield v. WarfieldCourt of Appeals of Maryland · 1822
- White's Heirs v. White's AdministratorsCourt of Appeals of Kentucky · 1835
- Powell's Heirs v. Powell's Administrators & HeirsCourt of Appeals of Kentucky · 1839
3Cited by1 opinion
- Smith v. HoodSupreme Court of Alabama · 1925