Wadsworth v. Miller
| Decision Date | 02 May 1894 |
| Citation | 15 So. 520,103 Ala. 130 |
| Parties | WADSWORTH v. MILLER. |
| Court | Alabama Supreme Court |
Appeal from probate court, Jefferson county; M. T. Porter, Judge.
Appeal by Bessie J. Wadsworth from a decree of the probate court against her in the settlement of her husband's estate. Affirmed.
Upon the hearing of the settlement, Bessie J. Wadsworth, the widow of F. L. Wadsworth, deceased, introduced evidence showing that he was seised of certain real estate during his coverture with her, and, at the time of his death, the annual rental value of which was $840; that the personal property of said decedent, after paying all his debts and the costs and expenses of the administration, amounted to the sum of $26,771.92, all of which was in money; that, besides the said widow, the decedent left, surviving him, four children, all of whom were minors; that, at the time of her husband's death, the said Bessie J. Wadsworth had a statutory separate estate, amounting to $1,000; that, during the lifetime of said F. L. Wadsworth, he took out a policy of insurance upon his life, which was made payable at his death to the said Bessie J. Wadsworth; that said policy was for $10,000; and that, after the death of said F. L. Wadsworth, this amount of money was collected by the said Bessie J. Wadsworth. Upon this evidence, the said Bessie J. Wadsworth moved the court to allow her out of the decedent's estate an amount which, together with the said sum of $1,000 (which was the amount of her statutory separate estate), would equal her distributive share in her husband's estate and her dower interest in his lands, estimating the said dower interest at seven years' rent of such dower interest. This motion was overruled and refused by the court, and to this ruling the said Bessie J. Wadsworth duly excepted. The court rendered a decree that, as the said $1,000 and the amount collected by the said Bessie J. Wadsworth on the policy of insurance were in excess of her distributive share and of her dower interest in her husband's estate, she was not entitled to receive anything in the settlement of said estate.
Code 1876, § 2715, is as follows: "If any woman having a separate estate survive her husband, and such separate estate, exclusive of the rents, income, and profits, is equal to or greater in value than her dower interest, and distributive share in her husband's estate, estimating her dower interest in his lands at seven years' rent of the dower...
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Risher v. United States, 72-1676 Summary Calendar.
...the widow would not have been entitled to any property on decedent's intestate death. Code of Ala., Tit. 34, § 42; Wadsworth v. Miller, 103 Ala. 130, 15 So. 520 (1894); Beck v. Karr, 209 Ala. 199, 95 So. 881, 882 (1923). Consequently, the pretermitted child would have been entitled to one-h......
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Barfoot v. Barfoot
...beneficiary was reserved to the husband taking the insurance. Appellants rely upon Williams v. Williams, 68 Ala. 405, and Wadsworth v. Miller, 103 Ala. 130, 15 So. 520. opinion in the Williams case discloses that the interest of the wife in the policy of insurance was unconditional, in that......
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Woodham v. Woodham
...separate estate for dower purposes, but several cases give guidance. Williams v. Williams, 68 Ala. 405 (1880), and Wadsworth v. Miller, 103 Ala. 130, 15 So. 520 (1893), question inclusion of the husband's life insurance proceeds in the widow's separate estate. In both cases, the husband own......