McReynolds v. Jones
Supreme Court of Alabama
Appeal from the Probate Court of Wilcox. The record slrows the following facts: The last will and testament of John McBeynolds, deceased, was propounded for probate on the 4th. September, 1854, by the executor therein named, and was admitted to probate on the lltb December following.
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Appeal from the Probate Court of Wilcox. The record slrows the following facts: The last will and testament of John McBeynolds, deceased, was propounded for probate on the 4th. September, 1854, by the executor therein named, and was admitted to probate on the lltb December following. By said will, the testator directed all Ms slaves to be carried to Liberia .by Ms executor, and there emancipated ; bequeathed $8,0.00 to Ms wife, “as her full portion and share” of his entire estate, and the residue of Ms estate to the children of his brothers and sisters, to be equally divided among them; and…
1Opinion of the CourtStone, J.
In considering this case, we propose to confine our investigations to the points made by the petition, as that is the foundation of the proceeding. We are thus relieved of all questions relating to the appointment of the administrators, the petition being silent in relation thereto. — Shackelford v. King, 25 Ala. 169.
It is true, as alleged, that the application by the widow, to have her share of the personal estate allotted and distributed to her, was premature. The estate had not been reported solvent under section 1771 of the Code, and the eighteen months contemplated by section 1772 had…
2Cases cited7 opinions
- Gaines v. HarvinSupreme Court of Alabama · 1851
- Morris v. StateSupreme Court of Alabama · 1854
- Furlow's Adm'r v. MerrellSupreme Court of Alabama · 1853
- Ex parte HenrySupreme Court of Alabama · 1854
- McElhaney v. StateSupreme Court of Alabama · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hall v. McBrideSupreme Court of Alabama · 1982
- Williams, Deacon & Co. v. JonesSupreme Court of Alabama · 1884
- Robinson v. PebworthSupreme Court of Alabama · 1881
- Yungerman v. YungermanCourt of Appeals of Maryland · 1934
- Adams v. AdamsSupreme Court of Alabama · 1865
4 more not listed; retrieve them via the Exa API.