McCuan v. Turrentine
Supreme Court of Alabama
Appeal from the Probate Court of Limestone. Tried before Hon, J. P, Gomans. The appellant petitioned the probate court to allot hex' and her minor children five hundred dollars worth of certain described lands which her husband died seized and possessed of, his estate being insolvent.
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Appeal from the Probate Court of Limestone. Tried before Hon, J. P, Gomans. The appellant petitioned the probate court to allot hex' and her minor children five hundred dollars worth of certain described lands which her husband died seized and possessed of, his estate being insolvent. This application was resisted by the administrator, and the purchaser of the said lands at a sale made by said administrator, on the following grounds; 1st. The decedent died in 1866, and on the 14th of January, 1867,- the lands were sold by his administrator under an order of the court. 2d. The purchase-money…
1Opinion of the CourtB. F. Saffold, J.
Section 2061 of the Revised Code exempts from the payment of the debts of a decedent five hundred dollars’ worth of his real estate for the benefit of his family, when it consists of a widow or child or children under twenty-one years of age, whether his estate is insolvent or not. The sixth subdivision directs that when the *70estate is insolvent, and it becomes necessary to sell the real estate for the payment of debts, three appraisers appointed by the probate court must lay off and set apart the same, &c., and the title to such land shall vest in the widow and child or children. If the real…
2Cases cited4 opinions
- Simpson v. SimpsonSupreme Court of Alabama · 1857
- Chisolm v. Chisolm's ExecutorsSupreme Court of Alabama · 1867
- Puryear v. Puryear's DistributeesSupreme Court of Alabama · 1859
- Jordan v. StricklandSupreme Court of Alabama · 1868
3Cited by4 opinions
- Hames v. IrwinSupreme Court of Alabama · 1926
- Dorough v. JohnsonSupreme Court of Alabama · 1979
- McCuan v. TannerSupreme Court of Alabama · 1875
- People's Bank v. Barrow WigginsSupreme Court of Alabama · 1922