Fowler v. Trewhit
Supreme Court of Alabama
Error to the Orphan’s Court of Lawrence. This was a petition by the plaintiff in error, for a share in the distribution of the estate of John Trewhit, deceased.
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Error to the Orphan’s Court of Lawrence. This was a petition by the plaintiff in error, for a share in the distribution of the estate of John Trewhit, deceased. The facts upon which the application was based, arc, that the petioner married one of the daughters of the intestate, that she died before her father, leaving issue a child by the marriage, that then the intestate died, and afterwards the child of the petitioner, leaving neither mother, brother, or sister, or the descendants of such. The court refused to allow him any part in the distribution of the estate, consisting of land, money…
1Opinion of the CourtOrmond, J.
The statute of descents decleres, “that “ where there shall be no children, or descendents, of them, or any of them, and no brothers or sisters, or descendants of them, or any of them, (the estate shall descend) to the father if he be living, if not to the mother of the intestate.” [Clay’s Dig. 168, § 2.] And this statute applies equally, whether the property be real or personal. [Ib. 191, § 1.]
By this statute, the English rule, that property cannot ascend to the parents of the deceased, but will descend in preference to remote collateral relations, has been abrogated, and the rule…
2Cases cited2 opinions
- McRae v. PeguesSupreme Court of Alabama · 1842
- Sorrell v. CraigSupreme Court of Alabama · 1845
3Cited by2 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Ex parte BoyntonSupreme Court of Alabama · 1870