Harris v. Harris
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Tried before lion. JohN A. FosteR. . This was a bill by O. A. Harris and others, children and heirs at law of 0. A. Hands, sr., who died on 17th February, 1880, against Jane E. Harris, the widow, and Leroy Brewer, as administrator of the estate of said decedent; was filed on 8th June, 1882; and the case made thereby is substantially as follows: On 9th May, 1872, said decedent, having in his hands, as husband and trustee, $12,000, belonging…
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Appeal from Mobile Chancery Court. Tried before lion. JohN A. FosteR. . This was a bill by O. A. Harris and others, children and heirs at law of 0. A. Hands, sr., who died on 17th February, 1880, against Jane E. Harris, the widow, and Leroy Brewer, as administrator of the estate of said decedent; was filed on 8th June, 1882; and the case made thereby is substantially as follows: On 9th May, 1872, said decedent, having in his hands, as husband and trustee, $12,000, belonging to his wife, the said Jane E. Harris, as her statutory separate estate, invested .the same in designated real estate in…
1Opinion of the CourtBrickell, C. J.
The statute (Code of 1876, §§ 2715-16) excludes from dower and distributive share in the estate of the husband a widow, having at the death of her husband a separate estate of equal or greater value than such dower and distributive share; or, if it be of -less value, requires that in the computation of the dower and distributive share, it shall be deducted. The separate estate to which the statute refers, is the estate created by the constitution and statutes, and not an equitable estate, an estate which is made separate by the terms of its creation.—Smith v. Smith, 30 Ala. 642; Huckabee v.…
2Cases cited7 opinions
- McMillan v. PeacockSupreme Court of Alabama · 1876
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Turner v. KellySupreme Court of Alabama · 1881
- Williams v. MaullSupreme Court of Alabama · 1852
- Smith's Executors v. SmithSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eustis v. City of HenriettaTexas Supreme Court · 1897
- Whittaker v. Van HooseSupreme Court of Alabama · 1908
- Mueller v. MuellerSupreme Court of Alabama · 1899
- Callen v. RottenberrySupreme Court of Alabama · 1884
- Lee v. LeeSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.