Moody v. Hemphill
Supreme Court of Alabama
Appeal from Tuscaloosa Probate Court. Tried before Hon. N. H. BkowNIc. Tn the matter of the final settlement of the accounts of Prank S. Moody, as the administrator de bonis non, with the will annexed of Edward Sims, who departed this life in 1840, leaving a widow and several children.
Read the full summary
Appeal from Tuscaloosa Probate Court. Tried before Hon. N. H. BkowNIc. Tn the matter of the final settlement of the accounts of Prank S. Moody, as the administrator de bonis non, with the will annexed of Edward Sims, who departed this life in 1840, leaving a widow and several children. The testator devised lands, with other property, to the widow for life, with remainder to his children, one of whom is Mrs. Mary J. ITemphill, who intermarried with P. P. Hemphill in 1846. It seems that this land was sold after the death of the widow under the will, and from the proceeds of the sale the…
1Opinion of the CourtStone, J.
Mrs. Hemphill’s right to the distributive interest claimed in this suit accrued in 1840, but her right to its enjoyment did not arise until the death of her mother in 1S74. She intermarried with her present husband in 1846, before the enactment of the first woman’s law, in 1848. Hence, the present proceeding is not at all affected by our statutes securing to married women their separate estates.
When this case was before us at a former term — 64 Ala. 468 — we stated the reasons why the possession of Mrs. Sims, the life-tenant, could not be regarded as the possession of those in reversion or…
2Cases cited7 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Moody v. HemphillSupreme Court of Alabama · 1881
- Blackwell v. VastbinderSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.