Johnson's Adm'r v. Johnson
Supreme Court of Alabama
{DETINUE FOR SLAVES, BY WIFE'S ADMINISTRATOR AGAINST SURVIVING HUSBAND.] Appeal from the Circuit Court of Dallas. Tried before the Hon. JoiiN Gill Shortek. This action was brought by the administrator of Mrs. Jemima G. Johnson, deceased, against her surviving husband, William Johnson, to recover certain slaves, together with damages for their detention, which the plaintiff claimed as the separate estate of bis intestate, under the will of ber father, George Phillips.
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{DETINUE FOR SLAVES, BY WIFE'S ADMINISTRATOR AGAINST SURVIVING HUSBAND.] Appeal from the Circuit Court of Dallas. Tried before the Hon. JoiiN Gill Shortek. This action was brought by the administrator of Mrs. Jemima G. Johnson, deceased, against her surviving husband, William Johnson, to recover certain slaves, together with damages for their detention, which the plaintiff claimed as the separate estate of bis intestate, under the will of ber father, George Phillips. The defendant pleaded, in short by consent, non detinet, and ne unques administrator. The will of said George Phillips, which…
1Opinion of the CourtWalker, J.
George Phillips by his will directed the division of the remainder of his estate, both real and personal, after the payment of debts, among his wife and children. A subsequent clause of the will says: “ It is further my will and desire, that the shares, or dividends, that may be allotted by said division to my different daughters, shall vest absolutely in them and their respective heirs of their bodies forever.” Bo those words create a separate estate in the testator’s daughter, who was married at the date of the will ?
“ The law favors the marital rights of the husband,” and, to his…
2Cases cited18 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Williams v. MaullSupreme Court of Alabama · 1852
- Abercrombie's v. Abercrombie's HeirsSupreme Court of Alabama · 1855
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Hall v. StewartSupreme Court of Virginia · 1923
- Caldwell v. Pickens' Adm'rSupreme Court of Alabama · 1864
- Conner v. WilliamsSupreme Court of Alabama · 1876
4 more not listed; retrieve them via the Exa API.