Gorman v. McDonnell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. Eugene McDonnell died in Mobile county in October, 1891, and left a last will and testament.
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. Thomas H. Smith. Eugene McDonnell died in Mobile county in October, 1891, and left a last will and testament. This will was duly probated by the probate court of Mobile county in November, 1891. The widow, Mary McDonnell, died in the summer of 1898. In February, 1899, Patrick H. O’Connell, the executor of the said Eugene McDonnell, deceased, filed the present bill in the chancery court of Mobile against the heirs of Eugene McDonnell and the legatees and devisees under the will of said Eugene McDonnell. The bill avers that all of…
1Opinion of the CourtMcCLELLAN, C. J.
The only question presented by this record is whether pecuniary legacies in the will -of Eugene McDonnell are chargeable upon his real estate. The will so far as it bears upon- this question is as follows: “First. — My will is that all my just debts and funeral expenses shall by my executors hereinafter named, be paid out of my estate as soon after my death as convenient. Second'. — I hereby give, bequeath and devise until my faithful friend and 'cousin, -Bridget Gorman, two hundred nad fifty dollars and direct my said executors to pay said legacy out of my estate as soon after my -decease as…
2Cases cited2 opinions
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Newsom v. ThorntonSupreme Court of Alabama · 1886
3Cited by10 opinions
- Betts v. RenfroSupreme Court of Alabama · 1933
- Pitts v. CampbellSupreme Court of Alabama · 1911
- Hammond v. BibbSupreme Court of Alabama · 1937
- Whitehurst v. WhiteSupreme Court of Virginia · 1933
- Wollard v. SulierNew Mexico Supreme Court · 1951
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