Vandiver v. Vandiver
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellee, Jane C. Vandiver, brought the present statutory action of ejectment against one Middlebrooks, suing for lands specifically described in the complaint. The appellant, John H. Vandiver, as the administrator de bonis non of the estate of Ambrose F. Vandiver, deceased, was, on his motion, made a party defendant to the suit, as the landlord of Middlebrooks.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. The appellee, Jane C. Vandiver, brought the present statutory action of ejectment against one Middlebrooks, suing for lands specifically described in the complaint. The appellant, John H. Vandiver, as the administrator de bonis non of the estate of Ambrose F. Vandiver, deceased, was, on his motion, made a party defendant to the suit, as the landlord of Middlebrooks. It was shown that the plaintiff was the wife of Ambrose F. Vandiver, and lived with him at the time of his death; that he died testate, and that his…
1Opinion of the CourtMcCLELLAN, J.
The devise in the will of A. F. . Vandiver, deceased, of all his “upland” to his wife, Jane C. Vandiver, is not void on its face for uncertainty. Whatever upland the testator owned, or whatever of his land it can be shown he had in mind and intended to dispose of by describing it as “upland” passes to Mrs. Vandiver under the will. There being evidence tending to show that he owned no uplands, strictly so called, but that his lands were in part “bottom” lands and for the rest “second bottom or bench” lands, a case of latent ambiguity was developed in attempting to apply his will to the…
2Cited by19 opinions
- Achelis v. MusgroveSupreme Court of Alabama · 1924
- Hess v. RudderSupreme Court of Alabama · 1897
- De Mouy v. JepsonSupreme Court of Alabama · 1951
- Pounders v. NixSupreme Court of Alabama · 1930
- Hill v. JohnsonSupreme Court of Alabama · 1925
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