Phillips v. Phillips
Supreme Court of Alabama
Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings by Lula Phillips, a widoAV, against J. H. Phillips, executor, to have certain property set apart as exempt to her and her minor child from administration and payment of debts. From a judgment allowing the exemptions, the executor appeals.
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Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings by Lula Phillips, a widoAV, against J. H. Phillips, executor, to have certain property set apart as exempt to her and her minor child from administration and payment of debts. From a judgment allowing the exemptions, the executor appeals. The articles exempted did not come Avithin the purview of section 2072, Code 1896. — 18 Cyc. p. 14, et seq. —Exemption laws are to be liberally construed. — Webb v. Edwards, 46.Ala. 17; Fern v. Ward, 65 Ala. 33; Inzer v. Hurt, 76 Ala. 595. A piano is household furniture.— Yon…
1Opinion of the CourtDowdell, J.
The articles in question, and which were set apart and decreed to be exempt to the widow and minor children under the statute, consisted of a finger ring, valued at $20, a watch and chain, valued at $35, a silver card receiver, and a piano and piano stool, valued at $50. The question presented for our consideration and determination is 'whether or not a finger ring and a watch and chain are, or rather may be, covered by the terms “wearing apparel,” and a silver card receiver and a piano and piano stool are covered by the terms “household furniture,” as employed in the statute. The statute…
2Cases cited5 opinions
- Alsup & Thompson v. JordanTexas Supreme Court · 1887
- Sellers v. BellCourt of Appeals for the Fifth Circuit · 1899
- Neasham v. McNairSupreme Court of Iowa · 1897
- Brown v. EdmondsSouth Dakota Supreme Court · 1896
- In re SmithDistrict Court, W.D. Texas · 1899
3Cited by7 opinions
- In Re Estate of MillingtonCalifornia Court of Appeal · 1923
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- In Re MimsUnited States Bankruptcy Court, E.D. North Carolina · 1985
- WM Mobile Bay Environmental Center, Inc. v. The City of Mobile Solid Waste AuthorityCourt of Appeals for the Eleventh Circuit · 2020
- Brake v. GrahamSupreme Court of Alabama · 1925
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