Jenks v. Terrell
Supreme Court of Alabama
Appeal from Talladega Probate Court. Tried before Hon. ¥h. H. Thornton. In the matter of the final settlement of the administration of William S. Terrell upon the estate of Joseph' Jenks, deceased. Joseph Jenks, the decedent, departed this life intestate on 13th January, 1874, seized and possessed of real and personal property, and leaving. surviving him his widow, E.. J. Jenks, who afterwards intermarried with one Wm.
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Appeal from Talladega Probate Court. Tried before Hon. ¥h. H. Thornton. In the matter of the final settlement of the administration of William S. Terrell upon the estate of Joseph' Jenks, deceased. Joseph Jenks, the decedent, departed this life intestate on 13th January, 1874, seized and possessed of real and personal property, and leaving. surviving him his widow, E.. J. Jenks, who afterwards intermarried with one Wm. Breedlove, and several children, some of whom were minors of tender years; and on or about 20th August, 1880, William S. Terrell was appointed the administrator of said estate…
1Opinion of the CourtBrickell, C. J.
— 1. It is insisted by the appellant that the administrator should have been charged with the personal property owned by the intestate, which passed into the possession of the widow, and was converted by her before the grant of administration. The property was, under the statute of force at the death of the intestate, exempt to the widow and *242minor children, as its value did not exceed one thousand dollars (Pamph. Acts, 1872-3, p. 64); and she was entitled to retain and use it.
2. The claim to charge the administrator with the rents received by the widow was properly disallowed. These rents (as…
2Cases cited8 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Savage v. BenhamSupreme Court of Alabama · 1847
- Gaunt v. Tucker's ExecutorsSupreme Court of Alabama · 1850
- Perrine's Executors v. PerrineSupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Henry v. HenrySupreme Court of Alabama · 1893
- McDonald v. CarnesSupreme Court of Alabama · 1890
- Clancy v. StephensSupreme Court of Alabama · 1890
- Security Bank Trust Company v. CostenSupreme Court of Arkansas · 1925
- Jackson v. WoodSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.