Graham v. DeYampert
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. William H. Tayloe. Charles P. DeYampert filed the bill in this case against J. K. Graham and Cliauncey Graham, executors of the last will and testament of M. Louise Kenan, for the purpose of having construed the twelfth item of the will of Mrs. Kenan, and a'provision of a codicil of her said will. Both the item and the provision of the codicil, which are asked to be construed, are copied in the opinion.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. William H. Tayloe. Charles P. DeYampert filed the bill in this case against J. K. Graham and Cliauncey Graham, executors of the last will and testament of M. Louise Kenan, for the purpose of having construed the twelfth item of the will of Mrs. Kenan, and a'provision of a codicil of her said will. Both the item and the provision of the codicil, which are asked to be construed, are copied in the opinion. The facts, as shown upon the hearing of the cause, are sufficiently stated in the opinion. Upon the final hearing of the cause,…
1Opinion of the CourtMcCLELLAN, J.
— The 12th item in the will of M. Louise Kenan contains the following bequest: “I bequeath to Charles DeYampert the sum of one thousand dollars either in stocks or money. ” It is shown that testatrix, at the time of making her will and at the time of her death, owned sundry stocks of variant market values. The legatee insists that he is entitled to money or stocks at his election and that, electing to take stocks, he is entitled to shares of the face or nominal value of one thousand dollars regardless of the market value thereof. This view is unsound. It seems clear to us that this legacy is…
2Cases cited6 opinions
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Gilmer's Legatees v. Gilmer's ExecutorsSupreme Court of Alabama · 1868
- Maybury v. GradySupreme Court of Alabama · 1880
- Harper v. Bibb & FalknerSupreme Court of Alabama · 1872
- Myers' Executors v. MyersSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. SmithSupreme Court of Alabama · 1908
- Powell v. LabrySupreme Court of Alabama · 1923
- St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
- Meglemry v. MeglemrySupreme Court of Alabama · 1931
- Jennings v. JenningsCourt of Appeals of Kentucky (pre-1976) · 1945
3 more not listed; retrieve them via the Exa API.