Hemphill v. Moody
Supreme Court of Alabama
Appeal from Tuskaloosa Probate Court. This was an appeal from a decree on final settlement of the estate of Edward Sims, by the appellee, Frank S. Moody, administrator de bonis non. The principal question involved was the rightfulness of a payment made in the year 1874 by the administrator de bonis non, of a legacy given by Sims’ will to one Beady. The provisions of the will are fully stated in the opinion.
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Appeal from Tuskaloosa Probate Court. This was an appeal from a decree on final settlement of the estate of Edward Sims, by the appellee, Frank S. Moody, administrator de bonis non. The principal question involved was the rightfulness of a payment made in the year 1874 by the administrator de bonis non, of a legacy given by Sims’ will to one Beady. The provisions of the will are fully stated in the opinion. Testator died in the year 1840, and his will was duly probated in the same year. Beady and one Banks qualified and acted executors until 1852, when both.died. They made several partial…
1Opinion of the CourtStone, J.
Buies by which wills are construed are well defined. The several clauses must be construed together, as constituting one instrument; the construction of one clause is frequently aided by consulting another; in case of repugnancy, real or apparent, the general intent is to be carried out, rather than the special; the intention of the testator, if lawful, to be gathered from the language of the will, is to be carried into effect; and, in case of irreconcilable conflict between two clauses, the last is to prevail, as being the latest expression of the testator’s will. It is upon this last…
2Cases cited9 opinions
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Austin v. JordanSupreme Court of Alabama · 1860
- Barnett's v. TarrenceSupreme Court of Alabama · 1853
- Colbert v. DanielSupreme Court of Alabama · 1858
- Marsh v. HagueNew York Court of Chancery · 1831
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3Cited by2 opinions
- Moody v. HemphillSupreme Court of Alabama · 1881
- Moody v. HemphillSupreme Court of Alabama · 1883