Kelly v. Garrett
Supreme Court of Alabama
Petition by Executor, in Probate Court, to have Homestead Set Apart for Minor Heirs. Appeal from Coosa Probate Court. Heard before Hon. John S. Bentley. On October 5th, 1877, Elmore Garrett, as executor of the last will of William Garrett, deceased, filed his petition in the Probat.e Court of Coosa county, where the administration of the estate of said William Garrett was pending, praying that a homestead, and other exemptions, be set apart to his minor heirs.
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Petition by Executor, in Probate Court, to have Homestead Set Apart for Minor Heirs. Appeal from Coosa Probate Court. Heard before Hon. John S. Bentley. On October 5th, 1877, Elmore Garrett, as executor of the last will of William Garrett, deceased, filed his petition in the Probat.e Court of Coosa county, where the administration of the estate of said William Garrett was pending, praying that a homestead, and other exemptions, be set apart to his minor heirs. The executor alleged in his petition, that William Garrett left certain real property, which is described therein, upon which the…
1Opinion of the CourtSomerville, J.
— This is a proceeding before the Probate Court, originating in a petition filed by the appellee, as executor of the last will and testament of William Garrett, deceased, seeking to have a homestead and other property set apart as exempt for the benefit of two minor heirs, the children of the testator. The application was granted, and the exemptions allowed under the provisions of the act of April 23, 1873. — Session Acts 1872-73, pp. 64-69.
The ease is brought here on certain exceptions taken to the report of the commissioners, who were appointed by the probate judge to make the selection and…
2Cases cited6 opinions
- Gunn v. BarrySupreme Court of the United States · 1873
- Curtis v. WilliamsSupreme Court of Alabama · 1859
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Fearn v. WardSupreme Court of Alabama · 1880
- Smith v. PhillipsSupreme Court of Alabama · 1875
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3Cited by7 opinions
- Keel v. LarkinSupreme Court of Alabama · 1882
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
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- Farley v. RiordonSupreme Court of Alabama · 1882
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