Smith's Heirs v. Smith's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Perry County. Upon the final settlement of the accounts of an administrator of the intestate, the heirs and distributees of the estate excepted to the- ruling of his honor J. P. Graham, presiding judge-. It appears from the bill of exceptions, that the administrator claimed a credit of $3,344 80, to the allowance of which the heirs and distributees objected.
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Error to the Orphans’ Court of Perry County. Upon the final settlement of the accounts of an administrator of the intestate, the heirs and distributees of the estate excepted to the- ruling of his honor J. P. Graham, presiding judge-. It appears from the bill of exceptions, that the administrator claimed a credit of $3,344 80, to the allowance of which the heirs and distributees objected. On the settlement it was admitted that the intestate died in the summer of the year 1838, possessed of a large real and personal property ; that he resided in Aberdeen, Mississippi, from the first of January…
1Opinion of the CourtCollier, C. J.
The act of 1812, “ concerning dower,” enacts that the widow shall be endowed of “ one third part of all the lands, tenements and hereditaments, of which her husband died seized and possessed, or had before conveyed, whereof said widow had not relinquished her right of dower, as heretofore provided for by law; in which said third part shall be comprehended the dwelling house in which her husband shall have been accustomed most generally to dwell, next before his death, together with the offices, out-houses, buildings, and other improvements thereunto belonging, or appertaining,” &c. Further,…
2Cases cited4 opinions
- Weaver v. CrenshawSupreme Court of Alabama · 1844
- Whitehurst v. BoydSupreme Court of Alabama · 1845
- Williamson v. Branch Bank at MobileSupreme Court of Alabama · 1845
- Cunningham v. PoolSupreme Court of Alabama · 1846
3Cited by24 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Key v. JonesSupreme Court of Alabama · 1875
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Powell v. LabrySupreme Court of Alabama · 1923
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