Smith v. Smith
Supreme Court of Georgia
Dower. Tried before Judge Pope. Floyd Superior Court. March Term, 1869. William R. Smith died in May, 1864, leaving his widow, Anna E. Smith, surviving him. In August, 1866, commissioners appointed to assign her dower, assigned to her four lots of land embracing the homestead, to-wit: Numbers 233, 248, 273 and 288, in the 23d district and 3d section of Floyd county, for life, or in lieu thereof, absolutely, $12,000, if she preferred it. She elected to take the money.
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Dower. Tried before Judge Pope. Floyd Superior Court. March Term, 1869. William R. Smith died in May, 1864, leaving his widow, Anna E. Smith, surviving him. In August, 1866, commissioners appointed to assign her dower, assigned to her four lots of land embracing the homestead, to-wit: Numbers 233, 248, 273 and 288, in the 23d district and 3d section of Floyd county, for life, or in lieu thereof, absolutely, $12,000, if she preferred it. She elected to take the money. The administrators of N. N. Smith, deceased, and Daniel S. Printup, creditors of said William R. Smith, resisted this…
1Opinion of the CourtWarner, J.
The question involved in this case is, whether the amount of the sale of an intestate’s land sold at. an administrator’s sale, is conclusive evidence of the value of that land, as against the widow of such intestate, who elected to take an amount of money to belong absolutely to her in lieu of her dower in the land, as provided by the 1761th section of the Bevised Code. The widow on the death of her husband was entitled to an estate for life, in one third of the lands according to valuation, of which the husband was seized and possessed at the time of his death. Code 1753. By the 1760th…
2Cited by2 opinions
- Johnson v. MoonSupreme Court of Georgia · 1888
- Johnson v. GordonSupreme Court of Georgia · 1897