Supreme Court of Alabama June 15, 1845 (Broadnax v. Sims' Ex'r.)

COLLIER, C. J.

The executor does not place his objection to the distribution of the property in respect to which the action of the Orphans’ Court is asked, upon the ground that it is not in his possession, or that Mrs. Sims sets up an adverse claim. We then infer that Mrs. Sims has married, and that the contingency has occurred, which is provided for by the thirteenth clause of the will.