Horn v. Lockhart
Supreme Court of the United States
In March, 1858, one John Horn, of Marengo County, Alabama, died, leaving a considerable estate, including a homestead plantation of 720 acres, a smaller- tract of 208 acres, with other pieces of land, seventy-eight negro slaves, and other personalty; and leaving also a widow and six children, among them a son,-John A. C. Horn, and daughters; one married to William-Lockhart, another married to Charles Lockhart, and a third married to one McPhail.
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In March, 1858, one John Horn, of Marengo County, Alabama, died, leaving a considerable estate, including a homestead plantation of 720 acres, a smaller- tract of 208 acres, with other pieces of land, seventy-eight negro slaves, and other personalty; and leaving also a widow and six children, among them a son,-John A. C. Horn, and daughters; one married to William-Lockhart, another married to Charles Lockhart, and a third married to one McPhail. These three daughters, with their husbands, resided in "Texas. The rest of the children and the widow resided, as the decedent had done, in Alabama.…
1Opinion of the CourtJustice Field
The validity of the will of John Horn, deceased, is not a question for our consideration. The Circuit Court held that the statute of limitations of Alabama had barred the right of the complainants to contest its validity, and also that they were estopped from such contestation by accepting, without ■objection or protest, dividends of the property founded upon the directions of the will. The executor and principal de visee does not, of course, controvert the correctness of this decision, as it sustains his position, and the complainants, have not appealed.
The case, as presented to us,…
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