Maybury v. Grady
Supreme Court of Alabama
Bill by Executors for Construction of Will and to charge Testators' Debts on Beal Estate Devised. Appeal from the Chancery Court of Mobile. Heard before Hon. H. Austill. Tbis was a bill filed by appellants as executors of the will of D. O. Grady, deceased.
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Bill by Executors for Construction of Will and to charge Testators' Debts on Beal Estate Devised. Appeal from the Chancery Court of Mobile. Heard before Hon. H. Austill. Tbis was a bill filed by appellants as executors of the will of D. O. Grady, deceased. The provisions of the will, so far as / it is necessary to set them out, are as follows, viz “ 3. After the payment of all my just debts and funeral expenses, &e., I give to my wife A. one-balf my entire personal property. 4. I give to my wife A., in lieu of her right of dower, one-third of the net rents of my lands for and during her…
1Opinion of the CourtStone, J.
— The argument pressed upon us by appellants rests mainly on the assumption that Grady, by his will, specifically disposed of the fund to be realized on the cotton claim, while the disposition of his lands for his daughter rests on a clause which is, in its nature, residuary. We can not assent to this interpretation. There can be no question that the bequest, contingent on the success of the cotton claim referred to, is specific, so far as it proposes to give of that fund to his wife, to the completion of the cathedral, and the pecuniary legacies to his brothers and sisters. These legacies…
2Cases cited9 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
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3Cited by15 opinions
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