Sherard v. Sherard's Adm'r
Supreme Court of Alabama
Appeal from tbe Probate Court of Sumter. In the matter of the final settlement and distribution of the estate of John H. Sherard, deceased, on the application of the widow for compensation on account of her dower interest in the lands, which had been sold, with her consent, under an order of the probate court.
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Appeal from tbe Probate Court of Sumter. In the matter of the final settlement and distribution of the estate of John H. Sherard, deceased, on the application of the widow for compensation on account of her dower interest in the lands, which had been sold, with her consent, under an order of the probate court. “ The lands were sold, by order of court, on the 15th December, 1855; the widow filing her written assent thereto under the statute, and agreeing to take her portion of the proceeds of sale, which ($37,145), with interest thereon, amounted to $41,354 74. It was proved, in behalf of the…
1Opinion of the Court
RICE, C. J.—
We understand it to be conceded by tbe parties, that the dower interest of tbe widow in tbe land of ber deceased husband, by ber consent, and under section 1873 of tbe Code, was sold with tbe residue of tbe land, by order of tbe judge of probate; that tbe sale was confirmed; that tbe purchase-money was collected by tbe administrator of tbe deceased husband; and that after-wards, and before tbe final settlement of tbe estate had been made, tbe wddow applied to tbe judge of probate, to make an order that a fair equivalent for ber dower interest be paid to her by tbe administrator.
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2Cases cited3 opinions
- Beavers v. SmithSupreme Court of Alabama · 1847
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Pulliam v. OwenSupreme Court of Alabama · 1854
3Cited by4 opinions
- Bradford's Adm'r v. BradfordSupreme Court of Alabama · 1880
- Compton v. CookSupreme Court of Alabama · 1953
- Compton v. CookSupreme Court of Alabama · 1953
- McGregor v. McGregorSupreme Court of Alabama · 1947