Chisolm v. Chisolm's Executors
Supreme Court of Alabama
Appeal from the Probate Court of Henry. In the matter of the petition of Mrs. E. C. Chisolm, the widow of Robert J. Chisolm, deceased, for an allotment of the homestead, “ in accordance with section 1738 of the’ Code, and the laws amendatory thereof,” belonging to the estate of her said deceased husband.
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Appeal from the Probate Court of Henry. In the matter of the petition of Mrs. E. C. Chisolm, the widow of Robert J. Chisolm, deceased, for an allotment of the homestead, “ in accordance with section 1738 of the’ Code, and the laws amendatory thereof,” belonging to the estate of her said deceased husband. The petition was filed on the 27th November, 1866, and alleged, that the petitione - and Walter Chisolm, her minor child, were the only heirs-at -law of said decedent; that the deceased was seized and possessed, at the time of his death, of certain lands in said county, which were…
1Opinion of the CourtJudge, J.
An act of the legislature, passed December 9, 1864, provides, “that the act approved January 30, 1860, entitled ‘An act to construe section 1738 of the Code,’ shall be held and construed to apply to real estate, only in cases where the estate of the decedent is insolvent, and it becomes necessary to sell the real estate for the payment of *329debts.” The act of 1864 provides further, “ that in cases where the widow, or widow and children, are entitled to five hundred dollars worth of land, under said section, the judge of the probate court may appoint three appraisers, who shall, after being duly…
2Cited by6 opinions
- Darden v. ReeseSupreme Court of Alabama · 1878
- Horton v. HilliardSupreme Court of Arkansas · 1893
- McCuan v. TurrentineSupreme Court of Alabama · 1872
- Dorough v. JohnsonSupreme Court of Alabama · 1979
- Thompson's Administrator v. ThompsonSupreme Court of Alabama · 1874
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