Adams v. Adams
Supreme Court of Alabama
Appeal from tbe Probate Court of Dallas. In tbe matter of tbe petition of Mrs. Aritt'a M. Aclamsi for an allotment of ber dower in tbe real estate of wbicb ber deceased husband, John Adams, died seized and possessed. Tbe original petition was filed on tbe 1st April» 1862, and was contested by tbe executors and legatees under tbe decedent’s will.
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Appeal from tbe Probate Court of Dallas. In tbe matter of tbe petition of Mrs. Aritt'a M. Aclamsi for an allotment of ber dower in tbe real estate of wbicb ber deceased husband, John Adams, died seized and possessed. Tbe original petition was filed on tbe 1st April» 1862, and was contested by tbe executors and legatees under tbe decedent’s will. On tbe trial of tbe cause, at tbe June term, 1862, tbe probate court rendered a decree in favor of tbe petitioner ; but its decree was reversed by-tbis court, on appeal by tbe contestants, at its January term, 1864, and tbe cause was remanded.- — See…
1Opinion of the CourtStone, J.
We think that, under tbe decision pronounced in tbis case when it was before us at a former term, tbe probate court has no jurisdiction of tbe question *605raised by tbe petition. Speaking of the claim made by the petitioner, we then said, “ Having made an election, she must abide by it as long as she retains the legacy which she has received. If she has been defrauded, or if she has made an unadvised election, her remedy is in equity, to obtain relief upon the restoration of the benefit she has taken under the will.” In the amended petition, after stating that her deceased husband had left a…
2Cases cited1 opinion
- McReynolds v. JonesSupreme Court of Alabama · 1857
3Cited by1 opinion
- Dorsey v. DorseySupreme Court of Alabama · 1932