Hubbard v. Russell
Supreme Court of Alabama
Appeal from Ooosa Probate Court. Tried before Hon. Jno. S. Bentley. This was a proceeding to have set apart to Catherine Hubbard, as widow of James H. Hubbard, deceased, personal property belonging to the estate of said decedent to the value of one thousand dollars, as exempt to her under the statute from administration.
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Appeal from Ooosa Probate Court. Tried before Hon. Jno. S. Bentley. This was a proceeding to have set apart to Catherine Hubbard, as widow of James H. Hubbard, deceased, personal property belonging to the estate of said decedent to the value of one thousand dollars, as exempt to her under the statute from administration. The exemption was contested by W. M. Hussell, the executor, and by the legatees and devisees of the said James H. Hubbard, on the ground that the said decedent left a last will and testament, disposing of his entire estate, providing for a sale of his property, real and…
1Opinion of the CourtStone, J.
— The ruling of the probate court was, that inasmuch- as Hubbard left a will, disposing of his entire estate, and therein made provision for his -widow, she is not entitled to the exemptions provided by section 2825 of the Code of 1876, unless she first dissents from the will under section 2292. In this the probate court erred. Sections 2292-3 have reference to the widow’s dower and distributive interest in her husband’s estate, under sections 2233 and 2261 of the Code. In case there is a will making provision for her, she can not claim under these sections, unless she dissents from the will…
2Cited by9 opinions
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Richter v. RichterSupreme Court of Alabama · 1913
- Chandler v. ChandlerSupreme Court of Alabama · 1888
- Vaughan v. VaughanSupreme Court of Alabama · 1952
- Bell v. BellSupreme Court of Alabama · 1887
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