Ex parte Dickson
Supreme Court of Alabama
Application by petition, by Mrs. Mary Ann Dickson, for a writ of mandamus to the Probate Court of Montgomery county, Hon. 0. W. Buckley presiding, to compel that court to make a final settlement of the petitioner’s accounts and vouchers as executrix of the last will and testament of her deceased husband, David M. Dickson.
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Application by petition, by Mrs. Mary Ann Dickson, for a writ of mandamus to the Probate Court of Montgomery county, Hon. 0. W. Buckley presiding, to compel that court to make a final settlement of the petitioner’s accounts and vouchers as executrix of the last will and testament of her deceased husband, David M. Dickson. It appears from the1 petition, with the accompanying exhibits, that said testator died, in said county of Montgomery, the place of his residence, in April, 1877; that his last will and testament, which was duly executed, and in which the petitioner and Jesse H. Dickson, his…
1Opinion of the CourtStone, J.
The will of David M. Dickson contains unusual, and somewhat contradictory provisions. The 2d item directs the payment of testator’s debts, and makes this, what the law expects, an executorial duty. The 3d clause evidently gives an estate to the widow, to continue during her life or widowhood, but charges upon it the support, maintenance, and education of the testator’s minor children. Its language is : “ It is my will that my beloved wife, Mary *191Ann Dickson, may retain all my property, both real and personal (after making the appropriations above provided for), during her natural life or…
2Cases cited6 opinions
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Anderson v. McGowanSupreme Court of Alabama · 1868
- Perkins v. LewisSupreme Court of Alabama · 1868
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Camp v. ColemanSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Zeigler v. CoffinSupreme Court of Alabama · 1929
- Hale v. CoxSupreme Court of Alabama · 1941
- Hinson v. WilliamsonSupreme Court of Alabama · 1883
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Ex parte PearsonSupreme Court of Alabama · 1884
8 more not listed; retrieve them via the Exa API.