McLemore v. McLemore
Supreme Court of Alabama
Error to the Orphans’ Court of Montgomery. This proceeding was a motion by Moses McLemore, adm’r, for distribution of two slaves among the distributees of his intestate, William McLemore. It appears that the slaves to be distributed, came by the will of James McLemore, the father of William.
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Error to the Orphans’ Court of Montgomery. This proceeding was a motion by Moses McLemore, adm’r, for distribution of two slaves among the distributees of his intestate, William McLemore. It appears that the slaves to be distributed, came by the will of James McLemore, the father of William. That William McLemore, at his death, left a widow and four children — one, Mary, by a former marriage, and three by the last marriage, two of which have died, leaving one, Evelina, surviving. It further appeared that William McLemore died before the youngest child of James McLemore arrived at the age of…
1Opinion of the CourtOrmond, J.
The question to be decided in this case arises under the will of James McLemore, and is, whether his children took an absolute vested interest in that portion of his estate, or whether it was contingent, and not to vest until the period appointed in the will for its distribution. -
The general rule upon this subject is, that where the time annexed to the payment of the legacy, is of the substance of the gift, as a bequest to A, when he attains the age of twenty-one yeai's, it does not vest until the contingency happens. This rule, however, like all others adopted for the purpose of expounding…
2Cases cited2 opinions
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Marr, Ox'x v. M'CulloughSupreme Court of Alabama · 1838
3Cited by5 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- Foster v. HollandSupreme Court of Alabama · 1876
- Cox's Adm'r v. McKinneySupreme Court of Alabama · 1858
- Bingham v. SumnerSupreme Court of Alabama · 1921