Legal Opinion

Taylor v. Reese

Supreme Court of Alabama

Decided June 15, 1842PublishedCited by 6 opinions

EkRo'íi to the Orphans* Court of Lowndes. On final settlement and distribution of the estate of Edward Lassiter, deceased, by the defendant in error as administrator. The defendant made known to the Court that the estate of his decedent was not indebted so as to prevent a division of the negro property among the widow and heirs, who are described, four of the latter being minors.

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EkRo'íi to the Orphans* Court of Lowndes. On final settlement and distribution of the estate of Edward Lassiter, deceased, by the defendant in error as administrator. The defendant made known to the Court that the estate of his decedent was not indebted so as to prevent a division of the negro property among the widow and heirs, who are described, four of the latter being minors. Thereupon the Court appointed Commissioners to divide the slaves in the following manner: There being more than four children, and the widow being entitled to a fifth part, the Commissioners are directed to divide…

1Opinion of the CourtOrmond, J.

In the case of Teat v. Lee, [8 Porter, 507,) this Court held that Commissioners appointed by the Orphans’ Court to make division of property, had no power to ascertain the value of property brought into hotch pot, but that the value must be ascertained by the Judge of the County Court himself, or by a jury empannelled by him for that purpose. In this case the value of the property appears to have been ascertained by the Commissioners, by direction of the County Court. No other construction can be put upon the order of the County Court, as it is evident that the value of the property was not…

2Cases cited1 opinion

  1. Teat v. LeeSupreme Court of Alabama · 1839

3Cited by6 opinions

  1. Craig v. McGeheeSupreme Court of Alabama · 1849
  2. Wilson's Heirs v. Wilson's Adm'rSupreme Court of Alabama · 1850
  3. Davis v. DavisSupreme Court of Alabama · 1844
  4. Ledyard v. JohnstonSupreme Court of Alabama · 1849
  5. Treadwell v. BurdenSupreme Court of Alabama · 1845

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