Taylor v. Pettus
Supreme Court of Alabama
Appeal from Madison Probate Court. On the 20th day of August, 1873, Mary Pettus, in behalf of herself and a minor child, filed her petition in the probate court praying that appellant Taylor, the administrator de bonis non of her deceased .husband, be ordered to pay into court for the benefit of herself and minor child, out of moneys in his hands, derived from a sale of the real and personal property of intestate for the purpose of paying debts, the “ average value in money…
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Appeal from Madison Probate Court. On the 20th day of August, 1873, Mary Pettus, in behalf of herself and a minor child, filed her petition in the probate court praying that appellant Taylor, the administrator de bonis non of her deceased .husband, be ordered to pay into court for the benefit of herself and minor child, out of moneys in his hands, derived from a sale of the real and personal property of intestate for the purpose of paying debts, the “ average value in money of one hundred and sixty acres of land which he sold belonging to the estate,” and also the further sum of $1,000, “…
1Opinion of the CourtJudge, J.
The act of the 23d of April, 1873, on which the proceeding in this case seems to be based, was not intended to have, nor can it have, any retroactive operation. All the rights which the family of the deceased had in property of the estate, exempt from administration, accrued to and vested in them under and by virtue of the laws upon that subject which were of force at the time of the death of the husband. The probate court, in deciding otherwise, committed an error.
It is not necessary, in this case, that we should discuss or decide the question as to the jurisdiction of the probate court to…
2Cited by6 opinions
- McGregor v. McGregorSupreme Court of Alabama · 1947
- Rottenberry v. PipesSupreme Court of Alabama · 1875
- Taylor's Administrator v. Taylor's ChildrenSupreme Court of Alabama · 1875
- Davis's Adm'rs v. DavisSupreme Court of Alabama · 1879
- Dossey v. PitmanSupreme Court of Alabama · 1886
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