McDuffie v. Morrisette
Supreme Court of Alabama
Arpead from Monroe. Law and Equity Court. Heard before Hon. W. G. McCorvey. Bill by Carrie McDuffie and others, against Wesley Morrisette and others, for the sale and partition of land. Decree for respondents and complainants appeal.
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Arpead from Monroe. Law and Equity Court. Heard before Hon. W. G. McCorvey. Bill by Carrie McDuffie and others, against Wesley Morrisette and others, for the sale and partition of land. Decree for respondents and complainants appeal. The law governing the homestead in 1890, at the time ■of Henry Morrisette’s death must determine the title regardless of the date of the widow’s death. — O’Rear v. ■Jaclcson, 124 Ala. 298. A homestead set apart under the provision of section 2543, Code 1886, without ascertainment and decree of insolvency vested a life estate only in the widow, the fee pasing to…
1Opinion of the CourtAnderson, J.
— The complainants, as heirs of Henry Morrisette, deceased, file this bill for the sale and Partition of certain lands owned by said Morrisette at the time of his death, to wit, August, 1890. The bill avers that the said Morrisette was solvent and that his •estate was never administered upon, and that his widoAv died in the year 1912, never having had the land in question set apart to her as a homestead.
*362The sole question presented by this appeal, under the insistence of appellants’ counsel, is whether or not the widow took a life estate only to the land or a fee.
Upon the death of the owner,…
2Cases cited2 opinions
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- O'Rear v. JacksonSupreme Court of Alabama · 1899
3Cited by3 opinions
- Walker v. HayesSupreme Court of Alabama · 1946
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Long v. BrownSupreme Court of Alabama · 1921