Hunter v. Green
Supreme Court of Alabama
Error to the Circuit Court of Jefferson. Tried before the Hon. A. B. Moore. íhis was an action of detinue brought by the plaintiff in error, as the executor of Thomas Einley, deceased, against the defendant in error, to recover a certain negro woman named Peggy, and some seven or eight children, her natural increase. • The plaintiff, in order to maintain his action, offered ia evidence, the last will and testament of Thomas Einley, dec’d., the parts of which that are deemed…
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Error to the Circuit Court of Jefferson. Tried before the Hon. A. B. Moore. íhis was an action of detinue brought by the plaintiff in error, as the executor of Thomas Einley, deceased, against the defendant in error, to recover a certain negro woman named Peggy, and some seven or eight children, her natural increase. • The plaintiff, in order to maintain his action, offered ia evidence, the last will and testament of Thomas Einley, dec’d., the parts of which that are deemed material, read as follows: “I give and bequeath unto my beloved wife, Jane Einley, the following part of my estate,…
1Opinion of the Court
GrIBBONS, J.'
The first question presented by the record, is, whether Ann Finley took under the will of Thos. Finley, deceased, an absolute estate in the property bequeathed to her, or a remainder limited upon a life estate in the widow, Jane Finley.
In the construction of a will, the rule is, to give it that interpretation, if possible, which will make each part harmonize with the others, so that all the clauses may stand and be consistent with each other. This construction is to prevail, if the will is susceptible of it. If this cannot be done, and some portions are repugnant and…
2Cited by6 opinions
- Smaw v. YoungSupreme Court of Alabama · 1895
- Darden v. BoyetteSupreme Court of North Carolina · 1957
- Downey v. KearneyWest Virginia Supreme Court · 1917
- Bradford v. StateAlabama Court of Appeals · 1951
- Dodson v. SevarsNew Jersey Court of Chancery · 1894
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