Welch's Heirs v. Welch's Adm'r
Supreme Court of Alabama
Error to the Orphans’ Court of Dallas. In 1832, the last will and testament of Thomns Welch, deceased, was admitted to probate, and Samuel Bowden and Martin McElroy were appointed administrators with the will annexed. They collected the money due the deceased in his lifetime, paid off the debts and legacies, and divided the residuum amongst the distributees, with the exception of four slaves.
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Error to the Orphans’ Court of Dallas. In 1832, the last will and testament of Thomns Welch, deceased, was admitted to probate, and Samuel Bowden and Martin McElroy were appointed administrators with the will annexed. They collected the money due the deceased in his lifetime, paid off the debts and legacies, and divided the residuum amongst the distributees, with the exception of four slaves. The shares, or proportions 'to which the female distri-butees were entitled were paid to their husbands, but no final settlement was made with the orphans’ court, nor were administrators discharged from…
1Opinion of the CourtDargan, J.
It is unnecessary to examine, whether the deed of 1815, has any influence on the property; or whether Elizabeth Cunningham was entitled under the deed, or the will, to the property bequeathed by the will; for whether she could claim under the will, or the deed, at her option, her rights are precisely the same. We might be inclined to hold, that her title is derived from the will, and the character and extent of that title limited by the deed, as referred to by the will; but it is unnecessary to examine any other question than the single one, had Mrs. Cunningham a separate estate in the…
2Cases cited1 opinion
- Bibb v. M'KinleySupreme Court of Alabama · 1839
3Cited by2 opinions
- Grimball v. PattonSupreme Court of Alabama · 1881
- Evans v. KittrellSupreme Court of Alabama · 1859