Stephens v. Gibbes
Supreme Court of Florida
Appeal from tbe Third Judicial Circuit, Madison County. This is a suit in chancery, instituted by Mrs. Bhoda E. Kilcrease, (now Gibbs,) against Samuel B. Stephens and Samtiél B. Love, surviving executors of the last will and testament of ¥m. E. Kilcrease and Albert Kilcrease, a child of William E. Kilcrease.
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Appeal from tbe Third Judicial Circuit, Madison County. This is a suit in chancery, instituted by Mrs. Bhoda E. Kilcrease, (now Gibbs,) against Samuel B. Stephens and Samtiél B. Love, surviving executors of the last will and testament of ¥m. E. Kilcrease and Albert Kilcrease, a child of William E. Kilcrease. While the suit was pending, and after answer filed; these executors being removed and E. S. Shepard being appointed administrator de bonis non with the' jwill annexed, he was made a party. The suit is to recover dower in the lands, tenements, &e., of her lmsb'and. The will, which is dated…
1Opinion of the CourtWestcott, J.
The methods of assignment and admeasurement of dower,, the means by which it was barred, and the remedies for its recovery, as they existed in England at the time of the establishment of the independence of the American Colonies, like the rules of descent, law of primogeniture, and system of entails, were inconsistent with the views of the fathers of the Republic upon these subjects, and but poorly adapted to the wants and requirements of the new society. As there was no place for entails and the law of primogeniture, in a community where a general distribution of property was-desired rather…
2Cases cited8 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Palmer v. VoorhisNew York Supreme Court · 1861
- Morgan v. StaleyOhio Supreme Court · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Hartt v. HarttWyoming Supreme Court · 1956
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- First Natl. Bk. of St. Petersburg v. MacDonaldSupreme Court of Florida · 1930
- In re the Estate of HearnNew York Surrogate's Court · 1936
12 more not listed; retrieve them via the Exa API.