Stearns v. Dunn
Supreme Court of Alabama
Appeal from Probate Court, Conecuh County; S. P. Dunn, Judge. Petition by M. N. Dunn, as guardian of Irene Cobbs, a minor, to secure confirmation of private sale by the guardian jointly with another of realty alleged to be the joint property in equal parts of the minor and such other, J. B. Stearns, as guardian ad litem for the minor, contesting. From an order confirming the sale, the guardian ad litem appeals.
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Appeal from Probate Court, Conecuh County; S. P. Dunn, Judge. Petition by M. N. Dunn, as guardian of Irene Cobbs, a minor, to secure confirmation of private sale by the guardian jointly with another of realty alleged to be the joint property in equal parts of the minor and such other, J. B. Stearns, as guardian ad litem for the minor, contesting. From an order confirming the sale, the guardian ad litem appeals. Petition by M. N. Dunn as guardian of Irene Cobbs, a minor, to secure a confirmation by the probate court of a private sale made by said guardian jointly with Mrs. Katie E. Bowles…
1Opinion of the CourtSomerville, J.
The contention of the appellee — and evidently the theory upon which the trial court proceeded — is that the phrase “lapse or fail” was used by the testator in item 6 of the will in the purely technical sense of nonvesting; and that, as the gift did vest in Mrs. Cobb for life by her survival of the testator, there was no gift over of the remainder to her surviving child, Irene; but, following the law of intestacy, the remainder descended in equhl part under the statute to the child, Irene, and the sister, Mrs. Bowles.
The contention of the appellant is that the phrase in question was used in…
2Cases cited1 opinion
- Van Pretres v. ColeSupreme Court of Missouri · 1880