Ogbourne v. Ogbourne's Adm'r
Supreme Court of Alabama
Appeal from tbe Probate Court of Montgomery. In the matter of tbe estate of William H. Ogbourne, deceased, on tbe petition of Mrs. Susan Y. Ogbourne, bis widow, praying that tbe administrator be decreed to pay and deliver to her certain personal property of the estate, wbicb sbe claimed as exempt from administration.
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Appeal from tbe Probate Court of Montgomery. In the matter of tbe estate of William H. Ogbourne, deceased, on tbe petition of Mrs. Susan Y. Ogbourne, bis widow, praying that tbe administrator be decreed to pay and deliver to her certain personal property of the estate, wbicb sbe claimed as exempt from administration. Tbe decedent died, intestate, in July, 1872; and letters of administration on bis estate were granted by the Probate Court of said county, in January, 1873, to W. T. Hatchett, the general administrator of the county. The petition of the widow was filed on the 1st December, 1874,…
1Opinion of the CourtBrickell, C. J.
It is the law of this State, that the widow’s quarantine does not extend beyond the right to occupy or retain the dwelling-house, where her husband most usually resided next before his death, with the offices and buildings appurtenant thereto, and the plantation connected therewith, until dower is assigned. — R. C. § 1630. When, as in this case, the husband, at his death, had his residence in a town or city, owning a plantation situate in the country, several miles distant, in the occupancy of a tenant, under a contract of renting, such plantation, is not, within the meaning of the statute,…
2Cases cited8 opinions
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Swann v. BuckMississippi Supreme Court · 1866
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- City & County of Sacramento v. BirdCalifornia Supreme Court · 1860
- Weaver v. CrenshawSupreme Court of Alabama · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Shiv-Ram, Inc. v. McCalebSupreme Court of Alabama · 2004
- Ex Parte JonesSupreme Court of Alabama · 1924
- Fulton v. StateSupreme Court of Alabama · 1911
- Hays v. LemoineSupreme Court of Alabama · 1908
8 more not listed; retrieve them via the Exa API.