Legal Opinion

Caldwell and Wife v. Maxwell and Wife

Tennessee Supreme Court

Decided September 6, 1808PublishedCited by 3 opinions

Appeal from the county court of Hawkins. The defendant Maxwell, intermarried with a widow in the State of Virginia, who was executrix of her former husband. Before the intermarriage, she had given bond and security for the administration, agreeably to the laws of that State. The plaintiff intermarried with a daughter by the first husband.

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Appeal from the county court of Hawkins. The defendant Maxwell, intermarried with a widow in the State of Virginia, who was executrix of her former husband. Before the intermarriage, she had given bond and security for the administration, agreeably to the laws of that State. The plaintiff intermarried with a daughter by the first husband. The parties living in this state, the plaintiffs filed their petition for their share of the first husband’s estate, and for an account of it under the act of 1762 C. 5, Bd. 202. Plea in abatement, to the jurisdiction of the court. Demurrer and Joinder. If a…

1Opinion of the Court

The defendant Maxwell intermarried with a widow in the State of Virginia, who was executrix of her former husband. Before the intermarriage, she had given bond and security for the administration, agreeably to the laws of that State. The plaintiff intermarried with a daughter by the first husband. The parties living in this State, the plaintiffs, filed their petition for their share of the first husband's estate, and for an account of it under the Act of 1762, c. 5, Ird. 202.

Plea in abatement, to the jurisdiction of the Court. Demurrer and Joinder. If a person die having personal property,…

2Cases cited1 opinion

  1. Talbot v. JansonSupreme Court of the United States · 1795

3Cited by3 opinions

  1. Citizens Fidelity Bank and Trust Company v. BaeseDistrict Court, M.D. Tennessee · 1955
  2. Whittaker v. WhittakerTennessee Supreme Court · 1882
  3. Dillard v. HarrisCourt of Appeals of Tennessee · 1874

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