Massey v. Modawell
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas Cobbs. On or about 16th December, 1858. Warren Massey departed this life, a resident of Marengo county, in this State, seized. and possessed of real and personal property, and leaving a last will and testament, which was duly admitted to probate in and by the probate court of said county.
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Appeal from Marengo Chancery Court. Heard before Hon. Thomas Cobbs. On or about 16th December, 1858. Warren Massey departed this life, a resident of Marengo county, in this State, seized. and possessed of real and personal property, and leaving a last will and testament, which was duly admitted to probate in and by the probate court of said county. He also left him surviving his widow, Mary Massey, and several children, some of whom were, at the time of his death, minors of tender years. By the will provision was made for the widow, and to each child was given a specific sum of money, to be…
1Opinion of the CourtStone, J.
— According to the averments of the 'bill in this case, and according to the proof made, the sale of the land, and conveyances of title, made by Modawell, were without any authority whatever. The will gives no authority to sell, except for final division or distribution, which can only take place, after the youngest child becomes of age, or marries. The will gives to each child, as they severally attain to lawful age or marry, a specified sum of money: It then contains this clause : “ In the final division of my estate, it is my will that all my property, both real and personal, be sold on a…
2Cases cited9 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Jones v. ReeseSupreme Court of Alabama · 1880
- Fambro v. GanttSupreme Court of Alabama · 1847
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- McKay v. BroadSupreme Court of Alabama · 1881
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3Cited by9 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Allen v. WattsSupreme Court of Alabama · 1893
- Baker v. Commissioner of Corp. & TaxationMassachusetts Supreme Judicial Court · 1925
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- Wright v. DunklinSupreme Court of Alabama · 1887
4 more not listed; retrieve them via the Exa API.