Hallett v. Allen
Supreme Court of Alabama
Writ of error to the Court of Chancery setting in Mobile. Before the Hon. A. Crenshaw, Chancellor. The defendant in error, the wife of Nathaniel Allen, by her next friend, Josiah Kennedy, filed her bill, alledging that Joshua Kennedy, of the city of Mobile, died, leaving his last will and testament, which has been admitted to probate in the orphans’ court of Mobile, of which the plaintiffs in error were appointed executors.
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Writ of error to the Court of Chancery setting in Mobile. Before the Hon. A. Crenshaw, Chancellor. The defendant in error, the wife of Nathaniel Allen, by her next friend, Josiah Kennedy, filed her bill, alledging that Joshua Kennedy, of the city of Mobile, died, leaving his last will and testament, which has been admitted to probate in the orphans’ court of Mobile, of which the plaintiffs in error were appointed executors. Among the bequests in the testator’s will, is one in which the complainant claims to be the legatee, in the following terms: “ Ninth. I do give leave, and bequeath to Mrs.…
1Opinion of the CourtCollier, C. J.
The act of 1812, “concerning the distribution of intestates estates,” requires the orphans’ court, upon the application of any person entitled to distribution of ah intestate’s estate, any time after the expiration of eighteen months from the grant of letters of administration, to make distribution of the same agreeably to law. Further, any person entitled to a legacy, or any estate by will, shall be entitled to the foregoing provisions, “ as in case of administrators.” Clay’s Dig. 196, 197, § 23, 24. A statute passed in 1806, enacts, that “ any person having a legacy bequeathed in any last…
2Cases cited3 opinions
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Glen v. FisherNew York Court of Chancery · 1822
- Guardian of Christian v. ChristianSupreme Court of Alabama · 1836
3Cited by5 opinions
- Foscue v. LyonSupreme Court of Alabama · 1876
- Myers' Executors v. MyersSupreme Court of Alabama · 1858
- Hemphill v. MoodySupreme Court of Alabama · 1878
- Saunders v. Michigan Trust Co.Michigan Supreme Court · 1936
- Hancock v. HancockSupreme Court of Alabama · 1976