Pearce v. Pearce
Supreme Court of Alabama
Appeal from Marion Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by Marvin Pearce, as executor, against Clovis Pearce and others to construe a will. From a decree of the chancellor, this appeal is prosecuted by the proponent.' The will is as follows: Item 1. Payment of all just debts. Item 2. Bequest to Jim Pearce, Jr., of $5,000 to be made when he is 21 years old.
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Appeal from Marion Chancery Court. Heard before Hon. James E. Horton, Jr. Bill by Marvin Pearce, as executor, against Clovis Pearce and others to construe a will. From a decree of the chancellor, this appeal is prosecuted by the proponent.' The will is as follows: Item 1. Payment of all just debts. Item 2. Bequest to Jim Pearce, Jr., of $5,000 to be made when he is 21 years old. Item 3. I will and bequeath to my grandson Clovis Pearce $5,000 as a special fund for his education. If I complete his education before my death, this sum is not to be paid to him. I will hereafter keep an account…
1Opinion of the CourtThomas, J.
The appellant, Marvin Pearce', as executor and as a legatee and devisee under the will of James P. Pearce, deceased, asks a construction of this will.
The averments of the bill as to the ages of the minor grandsons of the testator, who are made beneficiaries, are: That Jim Pearce, Jr., was over the age of 14 and under the age of 21; that Clovis Pearce was 17 years of age; and that Joe Pearce was 10 years of age on March 7, 1916, when the amendment to the bill was filed. The date of the will was February 11, 1913. Letters testamentary to plaintiff thereunder were issued March 30, 1915, said'…
2Cases cited53 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Broadway National Bank v. AdamsMassachusetts Supreme Judicial Court · 1882
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Willis v. . SharpNew York Court of Appeals · 1889
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
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3Cited by68 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Fowlkes v. ClaySupreme Court of Alabama · 1921
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