Executors of Green v. Green
Supreme Court of Alabama
Error to the County court of Jackson county. This was a petition filed by the defendant in error, in the County court of Jackson county, praying that dower be assigned her in the lands and personal property of her husband. The petition alleged the marriage and the death of the husband, in April, eighteen hundred and thirty-three-. That he made a will; in which she was. not. at all provided for, in either real or personal property.
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Error to the County court of Jackson county. This was a petition filed by the defendant in error, in the County court of Jackson county, praying that dower be assigned her in the lands and personal property of her husband. The petition alleged the marriage and the death of the husband, in April, eighteen hundred and thirty-three-. That he made a will; in which she was. not. at all provided for, in either real or personal property. The petition described the land, of which it alleged' the deceased died seized, and stated, that his personal property was worth from three to four thousand…
1Opinion of the CourtOrmond, J.
— As the settlement of the important questions of law raised on this record, will mainly depend on the proper construction to be put on the statute, regulating this proceeding, we will in the first place ascertain the rights given, and the duties imposed by it.
The act will be found on page 132, of Aikin’s Digest, title dower. The third section provides, that “ when any person shall die intestate, or shall make his last will and testament, and not therein make any express provision for his wife, by giving and devising unto her, such part or parcel of his real and personal estate, as shall be…
2Cited by10 opinions
- Martin v. MartinSupreme Court of Alabama · 1860
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Dean v. HartSupreme Court of Alabama · 1878
- Adams v. AdamsSupreme Court of Alabama · 1864
- Barney v. FrownerSupreme Court of Alabama · 1846
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