Randall v. Shrader
Supreme Court of Alabama
Error to the Circuit Court of Shelby. Tried before the Hon. Ceo. D. Shortridge. Detinue by the plaintiff against the defendant in error, for certain slaves. By the bill of exceptions it appears, that Zachariah Neal died, having made his will, which was duly admitted to probate, by which Frances Neal, his widow, was made residuary legatee of his estate, after the payment of his debts and a few specific legacies.
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Error to the Circuit Court of Shelby. Tried before the Hon. Ceo. D. Shortridge. Detinue by the plaintiff against the defendant in error, for certain slaves. By the bill of exceptions it appears, that Zachariah Neal died, having made his will, which was duly admitted to probate, by which Frances Neal, his widow, was made residuary legatee of his estate, after the payment of his debts and a few specific legacies. Before the final settlement of his estate, but when the slaves in controverry were in possession of his widow, she, in contemplation of marriage with the defendant Shrader, entered…
1Opinion of the CourtLigon, J.
The only question necessary to be considered in this case is, what estate was secured to Mrs. Shrader by the ante-nuptial agreement between her husband and herself?
In express terms, it gives her a separate estate in the slaves and other property for life, with a general power to dispose of them at her death. In our view, the whole and entire estate passed to her by this agreement, and she was left to enjoy, use, and dispose of the property as though no marriage had ever been consummated, and that, dying without having made any disposition of the slaves, our statute of distributions, as the…
2Cases cited1 opinion
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by8 opinions
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Benson v. MitchellSupreme Court of Alabama · 1855
- Rutledge v. CramptonSupreme Court of Alabama · 1907
- Grimball v. PattonSupreme Court of Alabama · 1881
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