Martin's Heirs v. Martin
Supreme Court of Alabama
Error to the Court of Probate of Perry. This was a PETITION for dower, filed in the Probate Court of Perry county, by Betsey Martin, in which it is averred, that she is the widow of Shadrach Martin, late of said county, deceased, and as such entitled to dower in the real and personal estate of which he died seized and possessed; that he died seized of divers parcels of land, which are particularly described in the petition; also, of a large number of slaves and other…
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Error to the Court of Probate of Perry. This was a PETITION for dower, filed in the Probate Court of Perry county, by Betsey Martin, in which it is averred, that she is the widow of Shadrach Martin, late of said county, deceased, and as such entitled to dower in the real and personal estate of which he died seized and possessed; that he died seized of divers parcels of land, which are particularly described in the petition; also, of a large number of slaves and other personal property in said county, a list of which has been returned to said Probate Court by the administrator with limited…
1Opinion of the CourtChilton, J.
The first question presented for consideration is, should the demurrer to the petition have been overruled. Several objections have been taken to it by the counsel for the plaintiffs in error, as: First, it does not state whether the alleged husband of the demandant died testate or intestate, and consequently it is impossible to determine from the petition itself whether devisees or the heirs at law are the proper persons to be made parties; Second, it does not aver that the children named in the petition as the “ onljr legitimate children of the deceased,” are the heirs at law, or the…
2Cases cited3 opinions
- Gould v. WomackSupreme Court of Alabama · 1841
- Ford v. FordSupreme Court of Alabama · 1842
- Earle v. JuzanSupreme Court of Alabama · 1845
3Cited by35 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- Martin v. MartinSupreme Court of Alabama · 1860
- Campbell v. AllenSupreme Court of Georgia · 1951
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