O'Daniel v. Gaynor
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill bv Melissa D. O’Daniel against W. C. Gaynor, as administrator, and others, from a decree sustaining demurrers to the bill, complainant appeals. Affirmed.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill bv Melissa D. O’Daniel against W. C. Gaynor, as administrator, and others, from a decree sustaining demurrers to the bill, complainant appeals. Affirmed. The allegations of the bill are that during his life William D. O’Daniel owned and occupied as a homestead the lands described in the bill, of less area, than 160 acres and of less value than $2,000, and that he died in possession of these lands; that upon his death Melissa D. O’Daniel, as his widow, took possession of said lands, and has since occupied them as her…
1Opinion of the CourtMcCLELLAN, J.
Appeal f.iom decree sustaining demurrers to the bill. Win. I). O’Daniel having died in March, 1889, the appellant, his surviving widow, took in his homestead a life estate only, subject to be enlarged into a fee upon the ascertainment of the insolvency of his estate.' — Code 1886, § 2543; O’Rear v. Jackson, 124 Ala. 298, 26 South. 944. A re-examination of that opinion confirms ’its correctness.
Section 2543 of the Code of 1886 is governing in this case; and its last clause provides that the widow and minor children may retain the homestead until it is ascertained whether the estate is solvent…
2Cases cited8 opinions
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- O'Rear v. JacksonSupreme Court of Alabama · 1899
- Love v. ButlerSupreme Court of Alabama · 1900
- Smith v. BoutwellSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Evans v. EvansSupreme Court of Alabama · 1925
- Lester v. StroudSupreme Court of Alabama · 1925
- Hammond v. ShippSupreme Court of Alabama · 1974
- McGowin v. McGowinSupreme Court of Alabama · 1936
- Tharp v. JohnsonSupreme Court of Alabama · 1929
10 more not listed; retrieve them via the Exa API.