Wood v. Wood
Supreme Court of Alabama
Writ of error to the Court of Chancery sitting at Columbi-ana. ON the 21st of February, 1838, the plaintiff in error, filed his bill against Joseph Wood, his father, and Ransom and Person Davis, executors of the last will and testament of William Davis, deceased, setting forth, that on the 15th day of September, 1821, William Davis, who was the maternal grand-father of the complainant, devised and bequeathed to the children of Sally Wood, the complainant’s mother, certain…
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Writ of error to the Court of Chancery sitting at Columbi-ana. ON the 21st of February, 1838, the plaintiff in error, filed his bill against Joseph Wood, his father, and Ransom and Person Davis, executors of the last will and testament of William Davis, deceased, setting forth, that on the 15th day of September, 1821, William Davis, who was the maternal grand-father of the complainant, devised and bequeathed to the children of Sally Wood, the complainant’s mother, certain negro.slaves, particularly named, and one sixth part'of the testator’s estate, not specially disposed of by that will:…
1Opinion of the Court
COLLIER, C, J.
1. In Hall v. Lay, 2 Ala. Rep. 529, it was decided, that the Orphan’s Court does not possess the power under the legislation of this State to appoint a guardian of the person or estate of a minor, whose father is living. But the father himself, as the guardian by nature, is entitled to the direction and control of the person and property of his child, until it attains its majority; subject, however, to the right of chancery, under some circumstances, to place the child under pupilage of another, and to provide for the security of the estate. Such being the law, it was entirely…
2Cases cited1 opinion
- Hall v. LaySupreme Court of Alabama · 1841
3Cited by15 opinions
- Lee v. LeeSupreme Court of Alabama · 1876
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Alston v. AlstonSupreme Court of Alabama · 1859
- Johnson v. ToulminSupreme Court of Alabama · 1850
- McCarthy v. McCarthySupreme Court of Alabama · 1883
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