Kearnes v. Hill
Supreme Court of Florida
Appeal from the Circuit Court for Alachua county. Silas Kearnes and his wife, Sarah, bring their bill against L. L. Hill, Wilbur Lassiter, James Spencer, T. W. Andrews, and his wife, Annie E., and Calvin Cagle, and his-wife, Emeline. The bill alleges: 1st. That Mrs. Kearnes was the wife of Nathan Spencer, who died in Alachua county, Florida, in December, 1876', after which she married Silas. 2d.
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Appeal from the Circuit Court for Alachua county. Silas Kearnes and his wife, Sarah, bring their bill against L. L. Hill, Wilbur Lassiter, James Spencer, T. W. Andrews, and his wife, Annie E., and Calvin Cagle, and his-wife, Emeline. The bill alleges: 1st. That Mrs. Kearnes was the wife of Nathan Spencer, who died in Alachua county, Florida, in December, 1876', after which she married Silas. 2d. That Nathan Spencer, at his death, owned valuable-real estate and personal property in the State of North Carolina, and in Alachua county, and that he left a last will and testament, which was…
1Opinion of the CourtJustice Raney
Where there are children and the husband dies intestate, the widow, if she elects to take a child’s part, takes as widow, and not as an héir; and such is the case where she ■dissents from the will, and elects to take a child’s part, there being also children of the husband surviving him. If we are to understand from the language of this bill that she has elected to take a child’s part, and has also a present right to the possession and enjoyment of her share of the land as such, then Mrs. Kearnes has her remedy at law by ■ejectment to recover her undivided interest or child’s part in the…
2Cases cited2 opinions
- Harrell v. HarrellSupreme Court of Florida · 1858
- Gale v. HinesSupreme Court of Florida · 1880
3Cited by2 opinions
- Coogler v. RogersSupreme Court of Florida · 1889
- Myers v. Van BuskirkSupreme Court of Florida · 1928