Stallsworth v. Stallsworth
Supreme Court of Alabama
ERROR to the Chancery Court at Conecuh. This bill was filed by the plaintiff in error, as the next friend of three infant children of Nicholas Stallsworth; Eldridge, Benjamin and William.
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ERROR to the Chancery Court at Conecuh. This bill was filed by the plaintiff in error, as the next friend of three infant children of Nicholas Stallsworth; Eldridge, Benjamin and William. The bill alleges, that the father of complainants, executed his will in such a manner as to pass lands, and died, leaving the defendant his executor, who has qualified as such, and taken upon himself the execution of the will; paid the debts, &c., and settled with the widow of the detíeased, and several of the heirs. That complainants are entitled to certain slaves in the hands of the executor, as specific…
1Opinion of the CourtOrmond, J.
This bill is filed for the purpose of compelling the executor to deliver to the guardian of the infant complainants, certain slaves, bequeathed to them by the will of their father, and for an account. The entire controversy depends upon the true construction of the will.
The first five clauses of the will, consists, of specific bequests to five minor children, to each, by name, of certain slaves specifically described. The sixth and seventh, are also specific bequests of slaves to another child, and to his wife. The eighth clause, out of which this controversy arises, is to the following…
2Cases cited2 opinions
- Leavens v. ButlerSupreme Court of Alabama · 1839
- Heirs of Capal v. M'MillanSupreme Court of Alabama · 1838
3Cited by3 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Miller v. Flournoy's HeirsSupreme Court of Alabama · 1855
- Huckabee's Adm'r v. AndrewsSupreme Court of Alabama · 1859