Perrine's Executors v. Perrine
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. Wadi Keyes. The bill in this case was filed on the 11th November, 1857, by Mrs. Lucy N. Perrine, against the executors, devisees and heirs-at-law of her deceased husband, James Perrine; and sought an allotment of her dower,in the real estate 'of which her said husband had died seized and possessed, together with her proportion of the rents received by the executors.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. Wadi Keyes. The bill in this case was filed on the 11th November, 1857, by Mrs. Lucy N. Perrine, against the executors, devisees and heirs-at-law of her deceased husband, James Perrine; and sought an allotment of her dower,in the real estate 'of which her said husband had died seized and possessed, together with her proportion of the rents received by the executors. James Perrine died in September, 1855, leaving no children or lineal descendants, and possessed of a large estate, including a dwelling-house and several very…
1Opinion of the CourtR. W. Walker, J.
The only question in this case is, whether the widow of an intestate, who, after his death, and until the assignment of her dower, occupied the place of his last residence, is, when her dower is assigned her, entitled to a third of the rents and profits, which, during the continuance of her possession of the mansion-house, accrued from the other lands subject to her dower.
Lord Coke said, that “ three things be favored in law— life, liberty, and dower,” (Coke’s Litt. 124 b); and Lord Bacon speaks of this as “the common by-word in the law.” — Reading on Uses, 37. The same idea is thus expressed…
2Cases cited11 opinions
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Beavers v. SmithSupreme Court of Alabama · 1847
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Callie L. Cox and B. C. Cox, Jr., as Executors Under the Will of B. C. Cox, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- Hale v. CoxSupreme Court of Alabama · 1941
- Ware v. OwensSupreme Court of Alabama · 1868
- Wood v. MorganSupreme Court of Alabama · 1876
- Davis v. DavisSupreme Court of Alabama · 1972
8 more not listed; retrieve them via the Exa API.