Kavanaugh v. Thompson
Supreme Court of Alabama
Error to the Orphans’ Court of Madison. Tried before the Hon. C. C. Clay, Judge. George Connelly and Catharine Lewis, the widow of the deceased, were appointed in 1832 administrator and adminis-tratrix on the estate of William Lewis. Catharine, the widow, subsequently intermarried with Cortez D. Kavanaugh, one of the plaintiffs in error.
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Error to the Orphans’ Court of Madison. Tried before the Hon. C. C. Clay, Judge. George Connelly and Catharine Lewis, the widow of the deceased, were appointed in 1832 administrator and adminis-tratrix on the estate of William Lewis. Catharine, the widow, subsequently intermarried with Cortez D. Kavanaugh, one of the plaintiffs in error. Connelly and Kavanaugh, the husband, having been cited to a final settlement, they appeared, and each of them filed a separate account, and on the settlement, which was had on the 2d Monday in December 1846, it being made to appear that from the year 1832 to…
1Opinion of the CourtChilton, J.
We will examine the errors assigned in their order. 1. There was clearly no error in failing, to have citation served on the wife. Upon the marriage of the ad-ministratrix, the husband becomes administrator in her right for his own safety, it is said, and he takes upon himself all the duties, and is entitled to all the privileges which belonged to the administratrix before the marriage. — 2 Williams on Ex’rs, 633. He was then the proper representative of both. In chancery, it is well settled that process need not be served on the wife, unless the bill seeks to charge her in respect of her…
2Cases cited4 opinions
- Duffee v. BuchananSupreme Court of Alabama · 1845
- Bush v. BradfordSupreme Court of Alabama · 1849
- Green v. Distributees of FaganSupreme Court of Alabama · 1849
- Little v. KnoxSupreme Court of Alabama · 1849
3Cited by18 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
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