Kidd v. Montague
Supreme Court of Alabama
EeRos to the Court of Probate of Marengo. On the final settlement of the estate of Reuben Vaughan, deceased, at the June Term, 1849, of the Court of Probate of Marengo county, a decree was rendered in favor of R. V. Montague and wife, A. J. Kidd and Wife, Henry Dugger and wife, Gaskett and wife, and White and wife, for the respective distributive shares of the wife.
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EeRos to the Court of Probate of Marengo. On the final settlement of the estate of Reuben Vaughan, deceased, at the June Term, 1849, of the Court of Probate of Marengo county, a decree was rendered in favor of R. V. Montague and wife, A. J. Kidd and Wife, Henry Dugger and wife, Gaskett and wife, and White and wife, for the respective distributive shares of the wife. At the September Term of tho court, on motion of Montague’s attorney, it was ordered, that the decree be so amended nunc pro tunc, that the distributivo share in each case should stand decreed to husband and wife for the separate…
1Opinion of the CourtChilton, J.
The estate here distributed was in process of administration several years anterior to the passage of the act -of the 1st March, 1848, for “Securing to married women their separate estates,” &c. And it seems to be conceded, as the record persuasively shows, that the plaintiff in error married one -of the distributees before the enactment of the law-. The question then comes up, whether this act was intended to secure to -.the Avife ehoses in action Avhich accrued anterior to its passage, but Avhich the husband had not assigned or reduced into his possession.
The act ..provides, “ That if any…
2Cited by17 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Barrington v. BarringtonSupreme Court of Alabama · 1917
- People v. SeelyeIllinois Supreme Court · 1892
- Shaul v. BrownSupreme Court of Iowa · 1869
- Hemphill v. MoodySupreme Court of Alabama · 1879
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