Hardy v. Boaz
Supreme Court of Alabama
Appeal from the Court of Probate of Dallas. IN the matter of the final settlement of the estate of Mrs. Ann W. Boaz, deceased, by her administrator, P. C. Boaz, who was her surviving husband.
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Appeal from the Court of Probate of Dallas. IN the matter of the final settlement of the estate of Mrs. Ann W. Boaz, deceased, by her administrator, P. C. Boaz, who was her surviving husband. The material facts of the case-are these : William Hardy, the father of Mrs. Boaz, died in 1842, in this State, leaving a will, of which the ninth clause was as follows“ I will and ordain, that the residue and remainder of my estate, after my youngest daughter becomes of age, or marries, shall be equally divided among all my children.” Mr. and Mrs. Boaz were married, in 1840, in this-State; Mrs. Boaz…
1Opinion of the CourtRice, C. J.
The bill of exceptions shows, that all the ¡property in the hands of Peter 0. Boaz, as the administrator of his deceased wife, Ann W. Boaz, and for distribution, had ■been received by him, as her administrator, from the executors of the wilLof her deceased father, William Hardy, sr., under the ninth clause of said will, upon a final settlement of his estate, after Amanda F. Hardy, the testator’s youngest daughter, had become of age. ■
That property was not reduced into possession by the said Peter, as husband, during the life of his said wife ; and therefore he has no right to retain, or have…
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