Jackson v. Wilson

• Decision Date: 28 April 1898
• Parties: JACKSON ET AL. v. WILSON.
• Court: Alabama Supreme Court

23 So. 521

117 Ala. 432

JACKSON ET AL. v. WILSON.

Supreme Court of Alabama

April 28, 1898

Appeal from chancery court, Chambers county; J. R. Dowdell Chancellor.

Bill by J. W. Jackson and others against M. H. Wilson. There was a decree for defendant, and plaintiffs appeal. Affirmed.

The bill in this case was filed by the appellants, the children of Calvin Jackson, deceased, against the appellee, M. H Wilson, and averred the following facts: Calvin Jackson died intestate in Chambers county in 1882. His widow, Martha T Jackson, qualified as administratrix on his estate, shortly after his death, with M. H. Wilson, the appellee, as a surety on her administration bond. The administratrix, as is averred, took possession of the assets of her husband's estate, worth as stated, upwards of $1,200; that she died in 1894, insolvent, without ever having made any settlement of her administration of her husband's estate; that complainants, who are the only children and heirs of their deceased father, were, and are now over the age of 21 years were each under that age when their father died, and have never received their respective shares of their father's estate.

The prayer of the bill was for an account and a decree against the defendant, M. H. Wilson, as surety on the administration bond of their mother, for their respective distributive shares of the estate of their father.

The bill was amended stating that said Calvin Jackson owned at his death, household and kitchen furniture, horses, mules, corn and other plantation supplies, etc., worth about $400 or $500, and a tract of land worth about $1,000; that no personal property or land was ever claimed by said widow and minor children as exempt from administration, nor was any ever set apart to them as exempt; but all of the property was taken possession of by the widow, as administratrix, and appropriated and converted by her. Administration was taken on her estate in 1897, by R. F. Gilder, and he was made a party defendant.

The bill was demurred to upon the following grounds: "(1) The bill fails to show that the intestate, Calvin Jackson, left any estate subject to administration. (2) The bill fails to show that said intestate left any property over and above the homestead and exemptions allowed to the widow and minor children. (3) The bill fails to show that any of the estate of Calvin Jackson was appropriated and converted by Martha T. Jackson as administratrix." "(5) The bill fails to show how much land was owned by Calvin Jackson at the time of his death and went into the hands of his said administratrix. (6) The bill fails to show that intestate, Calvin Jackson, left real estate amounting to more than one hundred and sixty acres in area or two thousand dollars."

Upon the submission of the cause upon the demurrers, the chancellor rendered a decree sustaining them. From this decree the complainants appeal, and assign the rendition thereof as error.

E. M. Oliver, for appellants.

Robinson & Duke, for appellee.

HARALSON J.

The right of a widow and minor child or children of a decedent to an exemption of the property specified in the statute (Code 1886, § 2545) is absolute and unqualified, and is not, in any event, in anticipation of the distributive share to which either may be entitled on final settlement and distribution of the estate. The additional exemption of personal property provided in the succeeding section (2546) to the amount of $1,000, is in anticipation of the distributive shares, or of legacies, if there be a will. The right and title to that allowed by the first-named section above is, as stated absolute and unqualified in the...