Worley's Adm'rx v. High's Adm'r
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. Jos. E. John. The bill in this case was filed on the 8th June, 1855, by Edward High, as the administrator of his deceased wife Nancy, who was a daughter of Adonijah Worley, deceased, against Mrs. Frances Worley, who was the widow and administratrix with the will annexed of said Adonijah; and sought a settlement and distribution of the estate of said Adonijah according to the provisions of his will.
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Appeal from tbe Chancery Court of Dallas. Heard before tbe Hon. Jos. E. John. The bill in this case was filed on the 8th June, 1855, by Edward High, as the administrator of his deceased wife Nancy, who was a daughter of Adonijah Worley, deceased, against Mrs. Frances Worley, who was the widow and administratrix with the will annexed of said Adonijah; and sought a settlement and distribution of the estate of said Adonijah according to the provisions of his will. The said testator died in Dallas county, the place of his residence, between the 11th January, 1830, and the 14th February, 1831. His…
1Opinion of the CourtJudge, J.
In the court below, it was averred by way of plea on the part of the defense, and the averment was *174sustained by the written admission of the parties, made to be used in evidence on the hearing of the cause, that the widow of the testator intermarried with Nathan D. Worley, on the 18th of February, 1834. What, under the will, was the effect of the marriage of the widow ?
When this cause was heretofore in this court, this question was not considered — indeed, was not then presented by the record. The decision then pronounced was on a demurrer to the bill, for the want of equity; and the bill…
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