Ashurst's Adm'r v. Ashurst's Heirs
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. Upon the final settlement, the administrator proved, that he had paid the widow $3,500 for her dower in the lands of the intestate. That he had sold the lands of the intestate under an order of the orphans’ court, and that the purchasers supposed they were purchasing free from the widow’s claim of dower, and that it accordingly sold for a larger price. The court refused to allow this item as a charge upon the estate.
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Error to the Orphans’ Court of Montgomery. Upon the final settlement, the administrator proved, that he had paid the widow $3,500 for her dower in the lands of the intestate. That he had sold the lands of the intestate under an order of the orphans’ court, and that the purchasers supposed they were purchasing free from the widow’s claim of dower, and that it accordingly sold for a larger price. The court refused to allow this item as a charge upon the estate. It was proved, that in the year 1840, the administrator made a private sale of some of the lands of his intestate, at $3,500, and…
1Opinion of the CourtCollier, C. J.
1. An administrator has no authority to purchase of the widow her interest in the real estate of her husband, his intestate. His ordinary powers make him the-representative in all matters in which the personal estate is concerned, of the person of the intestate, and he may disincumber the realty by discharging liens which- the deceased has himself created ; as the payment of mortgages, &c. But an incumbrance which the law originates upon the death of the intestate, cannot be removed at his mere- volition by an application of the personal assets. To this latter category belongs the right of…
2Cases cited1 opinion
- Powell v. PowellSupreme Court of Alabama · 1846
3Cited by2 opinions
- Newberry's Administrator v. Newberry's DistributeesSupreme Court of Alabama · 1856
- Irby v. KitchellSupreme Court of Alabama · 1868