Adams v. Adams
Supreme Court of Alabama
Appeal from tbe Probate Court of Dallas. In tbe matter of tbe petition of Mrs. Aritta M. Adams, for an allotment of ber dower in tbe real estate of wbieb ber deceased busband, John Adams, died seized and possessed. Tbe petition is nowhere set out in tbe record, nor does tbe record show when it was filed.
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Appeal from tbe Probate Court of Dallas. In tbe matter of tbe petition of Mrs. Aritta M. Adams, for an allotment of ber dower in tbe real estate of wbieb ber deceased busband, John Adams, died seized and possessed. Tbe petition is nowhere set out in tbe record, nor does tbe record show when it was filed. The decedent’s last will and testament, which was dated tbe 18th October, 1859, was admitted to probate on tbe 18th November, 1861. The widow filed ber written dissent from tbe will on tbe 3d March, 1862. Her claim of dower was contested by tbe executors and beirs-at law, who filed the…
1Opinion of the CourtA. J. Walker, C. J.
Before the Code was adopted, the statutes on the subject of dower had received a settled construction, which made the widow’s failure to dissent from her husband’s will, within the time prescribed, a bar to her dower, if any thing was bequeathed to her that did not appear to have been intended to be in addition to dower.— Green v. Green, 7 Porter, 19; Hilliard v. Binford, 10 Ala. 977; Vaughn v. Vaughn, 30 Ala. 329. Although the precise language of the old law is not used in the section of the Code upon that subject, yet we do not think the rule is changed, or was intended to be changed; and…
2Cases cited22 opinions
- Adsit v. AdsitNew York Court of Chancery · 1817
- Martin's Heirs v. MartinSupreme Court of Alabama · 1853
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- Church v. BullNew York Supreme Court · 1845
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
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3Cited by20 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- Lee v. LeeSupreme Court of Alabama · 1880
- Merchants' Nat. Bank of Mobile v. HubbardSupreme Court of Alabama · 1931
- Dean v. HartSupreme Court of Alabama · 1878
15 more not listed; retrieve them via the Exa API.