Little v. McPherson
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. Heard before the Hon. H. W. Caffey. In the matter of the petition of Mrs. Sarah S. Little, surviving widow of Patrick Little, deceased, for the appointment of appraisers, or commissioners, to set apart to her, as exempt from administration and the payment of debts, personal property of the value of $1,000 ; which claim was contested by Mrs. Mary McPherson and her' husband, with several minors, grandchildren of said Patrick Little.
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Appeal from the Probate Court of Lowndes. Heard before the Hon. H. W. Caffey. In the matter of the petition of Mrs. Sarah S. Little, surviving widow of Patrick Little, deceased, for the appointment of appraisers, or commissioners, to set apart to her, as exempt from administration and the payment of debts, personal property of the value of $1,000 ; which claim was contested by Mrs. Mary McPherson and her' husband, with several minors, grandchildren of said Patrick Little. Said Patrick Little died intestate, in August, 1881; and in April, 1882, letters of administration on his estate were…
1Opinion of the CourtOlopton, J.
— Section 2825 of Code exempts to the widow, there being no minor child, personal property of the decedent to the value of one thousand dollars. It is made the duty of the administrator t.o permit the widow to select the property exempt from administration for the payment of debts ; and, if she makes no selection, the judge of probate must appoint three disinterested persons to make the selection, and set apart the property. The statute imposes no active duty on the administrator, in respect to making the selection, or having it made. The statute confers on the widow, as to the kind of…
2Cases cited6 opinions
- Mitcham v. MooreSupreme Court of Alabama · 1883
- Simpson v. SimpsonSupreme Court of Alabama · 1857
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
- Henderson's Adm'r v. TuckerSupreme Court of Alabama · 1881
- Darden v. ReeseSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Chandler v. ChandlerSupreme Court of Alabama · 1888
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- Byrd v. JonesSupreme Court of Alabama · 1887
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