Burton v. Holly
Supreme Court of Alabama
Error to the Orphans5 -Court of Greene. This was an application, .made to the Orphans’ Court by the defendant in error, to admit to probate the will of Mary S. Hassel, deceased, by which she bequeated to Webster R. Hassell, since deceased, certain personal property to which she was entitled, under the will of her father, after the termination of a life estate in her mother.
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Error to the Orphans5 -Court of Greene. This was an application, .made to the Orphans’ Court by the defendant in error, to admit to probate the will of Mary S. Hassel, deceased, by which she bequeated to Webster R. Hassell, since deceased, certain personal property to which she was entitled, under the will of her father, after the termination of a life estate in her mother. The plaintiffs in error resisted due application, ©n the ground that at the time of the making of the will, the said Mary S. Hassell was a married woman, and the wife of the said Webster R. Hassell, in whose favor the…
1Opinion of the CourtChilton, J.
The question in this case is, whether a feme covert can make a valid will of her choses in action to her husband, with his concurrence. The reason assigned why she cannot, by the cases which deny her the power, is, that being sub potestate viri, the law will presume that the husband coerces her to the act, and holds the will invalid, because she is not a free agent. Since the decision in Fettiplace v. Gorges, 1 Ves., jr., 46, it has been well settled, that a feme covert may dispose of her separate estate, as though she were a feme sole, and this without the husband’s consent. She takes it,…
2Cases cited1 opinion
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
3Cited by2 opinions
- Wells v. BransfordSupreme Court of Alabama · 1856
- Webb v. JonesNew Jersey Court of Chancery · 1882