McLeod v. McDonnel
Supreme Court of Alabama
WRIT of error to decree of the judge of the country court of Wilcox county on a petition for dowei. The case made in the petition is this: Angus McIntosh, in his lifetime, intermarried with the petitioner, Janet, (who, after his death, intermarried with the petitioner, McDonnel:) and, during the coverture, and at the time of his death, was seized in fee of certain lánds described in the petition; also, of certain slaves and other personal chattels McIntosh died in 1838,…
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WRIT of error to decree of the judge of the country court of Wilcox county on a petition for dowei. The case made in the petition is this: Angus McIntosh, in his lifetime, intermarried with the petitioner, Janet, (who, after his death, intermarried with the petitioner, McDonnel:) and, during the coverture, and at the time of his death, was seized in fee of certain lánds described in the petition; also, of certain slaves and other personal chattels McIntosh died in 1838, leaving four children surviving, all of whom are minors. Previous to his death, he made and published a will, in which he…
1Opinion of the CourtGoldthwaite, J.
-Before entering upon the consideration of our statutes which define the right of the widow to dower in the real, and distribution of the personal estate, and compels her to elect between the will and legal provision, it is proper to consider whether the will before us makes any provision for the widow; and if it does, whether it was intended or has the effect to bar her claim to dower and distribution, or to put her upon an election.
1. In the construction of a will, the great object to be ascertained is the intention of the testator; and, when discovered, that will always prevail, if not…
2Cases cited3 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Executors of Green v. GreenSupreme Court of Alabama · 1838
- Shaw's Devisees v. Shaw's AdministratorCourt of Appeals of Kentucky · 1834
3Cited by24 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Sorrells v. McNallySupreme Court of Florida · 1925
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Hilliard v. Binford's HeirsSupreme Court of Alabama · 1847
- Brizendine v. American Trust & Savings BankSupreme Court of Alabama · 1924
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