Vaughan v. Vaughan's Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before tbe Hon. Wade Keyes. This bill was filed by Mrs. Mary 0. Yaughan, widow of Alfred Gr. Yaughan, deceased, against the heirs-at-law and administrator with the will annexed o± her said husband, seeking an allotment of her dower in her husband’s real estate, and the recovery of a legacy tinder Ms will.
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Appeal from the Chancery Court of Marengo. Heard before tbe Hon. Wade Keyes. This bill was filed by Mrs. Mary 0. Yaughan, widow of Alfred Gr. Yaughan, deceased, against the heirs-at-law and administrator with the will annexed o± her said husband, seeking an allotment of her dower in her husband’s real estate, and the recovery of a legacy tinder Ms will. The bill was filed on the 15th January, 1856. The testator died in April, 1851. His will, which, not being attested as tbe statute requires, was admitted to probate as a will of personalty only, directed bis plantation to be sold by bis…
1Opinion of the CourtHice, C. J.
In Hilliard and Wife v. Binford’s Heirs and Administrators, 10 Ala. 977, a construction was given to the acts of 1806 and 1812 in relation to dower, which has ever since been acquiesced in, and has, without doubt, been acted on as the sound exposition of those acts, by testators in framing their wills, as well as by persons deriving title under wills; and has thus become a rule of property. We do not feel authorized now to overturn that construction. And according to it, where the will *333of a deceased husband makes any provision for his wife, either by a bequest to her of any part of his…
2Cases cited3 opinions
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Hill v. HillSupreme Court of Alabama · 1846
- Ford v. Branch of the Bank of Alabama at DecaturSupreme Court of Alabama · 1844
3Cited by11 opinions
- Austin v. PeppermanSupreme Court of Alabama · 1965
- Planters' & Merchants' Mutual Insurance v. Selma Savings BankSupreme Court of Alabama · 1879
- Dean v. HartSupreme Court of Alabama · 1878
- Adams v. AdamsSupreme Court of Alabama · 1864
- Mathison v. MathisonSupreme Court of Alabama · 1958
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