Turner's Adm'r v. Whitten
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the petition of Mrs. Anna Whitten, the wife of C. H. Whitten, for an allotment to her of certain articles of household and kitchen furniture, which were in her possession, and which she claimed under section 1738 of the Code. The record does not show when the petition was filed.
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Appeal from the Probate Court of Lowndes. In the matter of the petition of Mrs. Anna Whitten, the wife of C. H. Whitten, for an allotment to her of certain articles of household and kitchen furniture, which were in her possession, and which she claimed under section 1738 of the Code. The record does not show when the petition was filed. The cause was heard on the 12th February, 1867. The petition alleged, that said petitioner was the daughter and only child of Mrs. Harriet S. Turner, deceased, and lived with her mother at the time of her mother’s death, which occurred in 1863; that she was…
1Opinion of the CourtA. J. Walker, C. J.
The most important question of this case is, whether the child, who composed the family of a widow, is, upon the death of the latter, entitled to the benefit of the exemption provided by section 1738 of the Code and the statutes amending it.
In the construction of statutes, we are permitted, when there is any doubt or ambiguity, to seek the intention of the legislature, by inquiring after the mischief and defect to be remedied, and the reason of the law. — Huffman v. State, 29 Ala. 40; Sedgwick on Statutory and Constitutional Law, pp. 231-236.
“The object of the legislature, in the enactment of…
2Cases cited7 opinions
- Huffman v. StateSupreme Court of Alabama · 1856
- Mims v. SturdevantSupreme Court of Alabama · 1860
- Mims v. SturdevantSupreme Court of Alabama · 1853
- Carter v. HinkleSupreme Court of Alabama · 1848
- Dobbs v. Distributees of CockerhamSupreme Court of Alabama · 1835
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3Cited by3 opinions
- People v. BarltzMichigan Supreme Court · 1920
- McCaa & Foster v. GrantSupreme Court of Alabama · 1869
- Thompson's Administrator v. ThompsonSupreme Court of Alabama · 1874