Heirs of Capal v. M'Millan
Supreme Court of Alabama
Error to the Circuit court of Wilcox county, exercising chancery jurisdiction. Tried before Judge Crenshaw. The bill, in this case, stated that the father of complainants, before his death, (which took place in eighteen and thirty,) made his will — which contained the following clauses: “Secondly. — I will and bequeath unto my son William, and my soii-in-law, Young W. Grayson, the following negroes, to wit, a negro man named Allen, and his wife Aggey, and their three…
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Error to the Circuit court of Wilcox county, exercising chancery jurisdiction. Tried before Judge Crenshaw. The bill, in this case, stated that the father of complainants, before his death, (which took place in eighteen and thirty,) made his will — which contained the following clauses: “Secondly. — I will and bequeath unto my son William, and my soii-in-law, Young W. Grayson, the following negroes, to wit, a negro man named Allen, and his wife Aggey, and their three children, Ceesar, Alta-more and Amey, with their future increase. “Thirdly. — I will and bequeath unto my son-in-law, Young W.…
1Opinion of the CourtCollier, C. J.
— The only question arising in this case is, whether the defendant, as administrator cum, tes-tamento annexo, is entitled to the possession of the property devised and bequeathed by his testator to the plaintiffs, or does its possession and control properly belong to their guardian ? Assuming the defendant to stand in -the attitude of an executor, the solution of this question .will depend upon the exposition of the sixth and eighth clauses of the testator’s will; which are as follow:
“Sixthly, — It is my will and desire, that my negroes *203not bequeathed, be hired out yearly, and my plantation…
2Cases cited1 opinion
- Doe v. RoeNew York Supreme Court · 1828
3Cited by7 opinions
- Pollard v. PollardSupreme Court of Alabama · 1922
- Wynne v. WalthallSupreme Court of Alabama · 1860
- Hall v. HugginsSupreme Court of Alabama · 1851
- Huckabee's Adm'r v. AndrewsSupreme Court of Alabama · 1859
- Stallsworth v. StallsworthSupreme Court of Alabama · 1843
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