Benagh v. Turrentine
Supreme Court of Alabama
Appear from tbe Probate Court of Limestone. In tbe matter of the estate of Thomas H. Hobbs, deceased, on final settlement of the accounts and vouchers of Mrs. Anne B. Hobbs, his deceased widow and administratrix, by James Benagh, her administrator; the accounts and vouchers, as filed for settlement, being contested by John Turrentine, as administrator de bonis non of said Thomas H. Hobbs.
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Appear from tbe Probate Court of Limestone. In tbe matter of the estate of Thomas H. Hobbs, deceased, on final settlement of the accounts and vouchers of Mrs. Anne B. Hobbs, his deceased widow and administratrix, by James Benagh, her administrator; the accounts and vouchers, as filed for settlement, being contested by John Turrentine, as administrator de bonis non of said Thomas H. Hobbs. The decedent, Thomas H. Hobbs, was a resident citizen of said county at the time of his death, which occurred on the 22d July, 1862; and he died intestate, leaving his widow, Mrs. Anne B. Hobbs, and two…
1Opinion of the CourtStone, J.
Dower has always been a favored right in English jurisprudence. Before the Conquest, it, and its complement, quarantine, were recognized as fundamental principles in British civilization. Coke classes it in the trio of rights which the law favors : life, liberty, and dower. Sp rooted had the sentiment become, that in Magna Oharta it was provided, that tbe widow “ may remain in her husband’s house forty days after his death, within which time her dower shall be assigned.” And Canute, the Danish usurper, is said to have proclaimed the edict, “ Ubi maritus habitavit, absque lite, et absque…
2Cases cited12 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Doe ex dem. Shelton v. CarrolSupreme Court of Alabama · 1849
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Inge v. MurphySupreme Court of Alabama · 1848
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884
- Boyte v. PerkinsSupreme Court of Alabama · 1924
- Hays v. LemoineSupreme Court of Alabama · 1908
7 more not listed; retrieve them via the Exa API.