Smyley v. Reese
Supreme Court of Alabama
Appeal from Probate Court of Dallas. Tbe appellant, D. C. Smyley, married Elizabeth H. Reese, in November 1858. She died intestate in March following, her husband and several brothers, who were her only heirs at law, surviving her.
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Appeal from Probate Court of Dallas. Tbe appellant, D. C. Smyley, married Elizabeth H. Reese, in November 1858. She died intestate in March following, her husband and several brothers, who were her only heirs at law, surviving her. In May 1859, the appellant was appointed administrator of her estate, which consisted of personal property valued at about $20,000. He made partial settlements in April 1867, and June 1870, and made final settlement in the probate court, on the 23rd day of July 1873. The court having disallowed various items of credit claimed by him, and charged him with various…
1Opinion of the CourtBrickell, C. J.
1. The statutes creating the separate estates of married women, deprive the husband of rights which would have accrued, and could have been asserted at common law. They do not absolve him from the duties the common law imposes. Rogers v. Boyd, 35 Ala. 175. The common law compelled him to maintain his wife — to supply her with necessaries suitable to her situation, and corresponding with his social position, and the degree of his fortune. If the husband neglects this duty the wife may on his credit, against his will, obtain necessaries, and he will be liable for them. In such case she is…
2Cases cited12 opinions
- Jones v. DeyerSupreme Court of Alabama · 1849
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Ragland v. Calhoun's Adm'rSupreme Court of Alabama · 1860
- Allen v. PraterSupreme Court of Alabama · 1859
- Collins v. RudolphSupreme Court of Alabama · 1851
7 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Clark v. KnoxSupreme Court of Alabama · 1881
- Goldberg v. ZellnerTexas Commission of Appeals · 1921
- Hall v. OttersonNew Jersey Court of Chancery · 1894
- Kenyon v. BrightwellSupreme Court of Georgia · 1904
- In re Estate of WeringerCalifornia Supreme Court · 1893
36 more not listed; retrieve them via the Exa API.