Darden v. Reese
Supreme Court of Alabama
Appeal from Chambers Probate Court. Tried before Hon. Peter M. Rowland. James E. Reese, tbe husband of the appellee, Lucy A. Reese, died on the 2d day of July, 1876, and at the time of his death, was a resident of Chambers county, in this State. He was childless, and he left personal property valued at four thousand dollars, consisting mainly of notes and accounts.
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Appeal from Chambers Probate Court. Tried before Hon. Peter M. Rowland. James E. Reese, tbe husband of the appellee, Lucy A. Reese, died on the 2d day of July, 1876, and at the time of his death, was a resident of Chambers county, in this State. He was childless, and he left personal property valued at four thousand dollars, consisting mainly of notes and accounts. The appellant, W. C. Darden, was the administrator de bonis non of liis estate, which was then being administered in the Probate Court. It was shown that no exemption of personal property had ever been set apart to the appellee,…
1Opinion of the CourtBrickell, C. J.
The act of April 23, 1873, (Pamph. Acts 1872-3, p. 66,) of force at the death of the husband, and under which the exemption of personal property was claimed by the appellee, had for one of its most material purposes, the execution, or providing a well-defined mode of executing the constitutional provisions declaring exemptions of property from liability to pay debts. Specific personal property was exempt, and in addition, following the language of the constitution, “ such other personal property to be selected by the owner, as does not exceed in value one thousand dollars.” The 12th section…
2Cases cited4 opinions
- Chisolm v. Chisolm's ExecutorsSupreme Court of Alabama · 1867
- Ex parte ReavisSupreme Court of Alabama · 1874
- Johnston v. DavenportSupreme Court of Alabama · 1868
- Thompson's Administrator v. ThompsonSupreme Court of Alabama · 1874
3Cited by7 opinions
- Boyd v. SelmaSupreme Court of Alabama · 1892
- Enzor & McNeill v. HurtSupreme Court of Alabama · 1884
- Chandler v. ChandlerSupreme Court of Alabama · 1888
- Abernathy v. BankheadSupreme Court of Alabama · 1881
- Little v. McPhersonSupreme Court of Alabama · 1884
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