Smith's Executors v. Smith
Supreme Court of Alabama
Appeal from the Probate Court of Tuskaloosa. IN the matter of the final settlement of the estate of "William I. Smith, deceased, which was transferred from the probate court, on account of the incompetency of the presiding judge, to the registrar in chancery.
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Appeal from the Probate Court of Tuskaloosa. IN the matter of the final settlement of the estate of "William I. Smith, deceased, which was transferred from the probate court, on account of the incompetency of the presiding judge, to the registrar in chancery. In ascertaining the widow’s distributive share of the estate, the coui*t below refused to make any deduction or abatement on account of certain slaves which she held under deed of gift from her father, dated March 11, 1839; which deed, it was contended by the executors and other dis-tributees, created in her a separate estate. An…
1Opinion of the CourtStone, J.
Article 3, chapter 1, title 5, part 2, of the Code, relates expressly to separate estates of married women. — See Code, p. 880. The seventeen sections which compose that article embody the principles of a new policy in reference to married women, which was unknown to the common law. We have had occasion to construe several of the sections of that article; and we have uniformly held, that the words “separate estate” relate to estates made separate by law, and do not embrace those made separate by the contract of the parties. We have thus decided in reference to sections 1982, 1983, 1987,…
2Cases cited5 opinions
- Roper v. RoperSupreme Court of Alabama · 1856
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Gerald v. McKenzieSupreme Court of Alabama · 1855
- Reese v. GreshamSupreme Court of Alabama · 1856
- Williams v. GunterSupreme Court of Alabama · 1856
3Cited by12 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Baker v. StewartSupreme Court of Kansas · 1888
- Turner v. KellySupreme Court of Alabama · 1881
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
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