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Kellogg v. Graves

Kellogg and Others v. Graves and Others

Kellogg v. Graves, 5 Ind. 509 (1854)
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Court
Indiana Supreme Court · State Highest Courts
Decided
December 8, 1854
Judges
Perkins
Citations
5 Ind. 509
Headnotes
Under the act of 1843, the right of the widow to 150 dollars, in property or money, out of the estate of her deceased husband, was absolute, and vested immediately on his death.
Summary
ERROR to the Tippecanoe Probate Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Perkins

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Perkins, J.

Petition for distribution. Distribution ordered in the Court below. •

The only question in the cause is whether the right of the widow to 150 dollars, in property or money, out of her deceased husband’s estate, became vested immediately on his death under the act of 1843. R. S. 1843, p. 1049.

We think, under that statute, the right of the widow was absolute to the 150 dollars, either in property or *510 money, at her election, and that it vested immediately on the death of the husband.

G. S. Orth and E. H. Brackett, for the plaintiffs. J. Pettit and S. A. Huff, for the defendants.

Per Curiam. — The decree is affirmed with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11900–1901: 11908–1909: 11916–1917: 11932–1933: 218782026peak 1932 · 2

Relies on it most ⓘ

  1. In re Estate of Felman32 Ohio N.P. (n.s.) 73 (Oh. Prob. Ct., Montgomery 1933)
  2. Pace v. Eoff48 S.W.2d 956 (Tex. Comm'n App. 1932)
  3. Krumenacker v. Andis165 N.W. 524 (N.D. 1917) · Dissent
  4. Sammons v. Higbie's Estate115 N.W. 265 (Minn. 1908)
  5. Nelson v. Wilson61 Ind. 255 (1878)
  6. Crawford v. Nassoy55 A.D. 433 (1900)

Most recent

  1. In re Estate of Felman32 Ohio N.P. (n.s.) 73 (Oh. Prob. Ct., Montgomery 1933)
  2. Pace v. Eoff48 S.W.2d 956 (Tex. Comm'n App. 1932)
  3. Krumenacker v. Andis165 N.W. 524 (N.D. 1917) · Dissent
  4. Sammons v. Higbie's Estate115 N.W. 265 (Minn. 1908)
  5. Crawford v. Nassoy55 A.D. 433 (1900)
  6. Nelson v. Wilson61 Ind. 255 (1878)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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