Upchurch v. Norsworthy
Supreme Court of Alabama
Error to the Circuit Court of Pickens, Assumpsit by the defendant in error. The facts, as shown by a bill of exceptions, are, that one Thomas Woolfolk, made his will on the 14th July, 1840, in the following words: “ I give my wife every thing I possess during her widowhood, if she marries, she is to have one third. Not to give security when she qualifies, unless she marries, then to give security.
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Error to the Circuit Court of Pickens, Assumpsit by the defendant in error. The facts, as shown by a bill of exceptions, are, that one Thomas Woolfolk, made his will on the 14th July, 1840, in the following words: “ I give my wife every thing I possess during her widowhood, if she marries, she is to have one third. Not to give security when she qualifies, unless she marries, then to give security. Given under my hand this 14th July, 1840.” Signed by the testator, and attested by two witnesses. The will was admitted to probate, on the 7th December, 1840, but neither the widow, or any other…
1Opinion of the CourtOrmond, J.
Although the widow of the deceased, was. by the will appointed sole legatee of the estate during her widowhood, that did not give her the legal title to the property, or entitle her to its possession, until the personal representative assented to it. It does not vary the case, that ,no representative pf the‘estate was appointed until several years after the death of the testator; when appointed, the legal title to the personal estate vested in him, and by operation of law, .the grant related to the time of the death of the .testator.
These propositions are fully established, by the case of…
2Cases cited2 opinions
- Masterson v. Girard's HeirsSupreme Court of Alabama · 1846
- Kelly's Adm'r v. Kelly's DistributeesSupreme Court of Alabama · 1846
3Cited by4 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Carroll v. RichardsonSupreme Court of Alabama · 1888
- Long v. McDougald's Adm'rSupreme Court of Alabama · 1853
- Hamner v. United StatesUnited States Court of Claims · 1877