Holt v. Stollenwerck
Supreme Court of Alabama
Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Contest of settlement of estate in the probate court between T. G. Holt and E. F. Stollenwerck. From a decree ■ denying participation in the estate, the contestant appeals. Under section 3765, Code 1907, Holt was entitled to half of his wife’s estate.
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Appeal from Jefferson Probate Court. Heard before Hon. Samuel E. Greene. Contest of settlement of estate in the probate court between T. G. Holt and E. F. Stollenwerck. From a decree ■ denying participation in the estate, the contestant appeals. Under section 3765, Code 1907, Holt was entitled to half of his wife’s estate. As to what is the half of a wife’s estate, see. — Sec. 4486, and sec. 2, Code 1907. As to what is property see 32 Cyc. 647, et seq.; 6 L. B. A. 554. This fact is not altered by the fact that the action authorized by section 2486 must be brought by the administrator, as Mrs.…
1Opinion of the Court
SAYRE, J.-
The widow of Charles M. Bryan, pending a suit by his administrator to recover damages for his wrongful death, intermarried with appellant. After-wards, the suit yet undetermined, the wife died. Still later the administrator had a recovery of substantial damages. Upon a settlement of the estate of Bryan in the court of probate, the damages recovered constituting the entire estate, appellant petitioned the court to be allowed to participate in the distribution; but the court decreed distribution among the three children of Bryan, excluding appellant from any share. Appellant brings…
2Cases cited3 opinions
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- Kuykendall v. EdmondsonSupreme Court of Alabama · 1921
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