Walker v. Walker's Distributees
Supreme Court of Alabama
AppEAL.from the Court of Probate of Macon. Is- tbe matter of the estate of Edwin C. Walker, deceased, on tbe application of Ms executrix for a final settlement of her administration.
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AppEAL.from the Court of Probate of Macon. Is- tbe matter of the estate of Edwin C. Walker, deceased, on tbe application of Ms executrix for a final settlement of her administration. The testator died in September, 184:7, after having executed' his last will and testament, in which he appointed Ms wife Ms executrix, and which contains the following clauses: “ Item 1. After all my just debts are paid, it is njy will and desire, that the remainder of my property, both real and personal, shall be kept together for the benefit of raising and educating my children, and remain so until my wife…
1Opinion of the CourtRice, J.
—The bequest of the two slaves Arnold and Hannah, contained in the will of Edwin C. Walker, to his wife during her lifetime, is a specific legacy. Upon the evidence set forth in the record, the court below decided, that she was “ entitled under the will to the possession and services of said two slaves, but as she had permitted them to remain in the service of said estate, of which she was possessed as executrix, and not having signified her assent in any manner *269to take them as a legatee, she was not entitled to an allowance for their services.” It becomes our duty to inquire whether this…
2Cases cited2 opinions
- Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
- Woolfork's Adm'r v. SullivanSupreme Court of Alabama · 1853
3Cited by3 opinions
- Murrell v. WhitingSupreme Court of Alabama · 1858
- Camp v. ColemanSupreme Court of Alabama · 1860
- Murphree v. SingletonSupreme Court of Alabama · 1861