Edwards v. Bender
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. John Smiley died in the year 1849, leaving a last will and testament. He devised certain land on “Bogue Chitto” in Dallas county, “to his daughter, Nancy C. Bender, for life, with the remainder to her children, to go, however, into the hands of trustees named. It is also provided in the will that, with the consent of “either of my daughters” the trustees may sell the land devised to her.
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Appeal from the City Court of Selma. Tried before the Hon. J. W. Mabry. John Smiley died in the year 1849, leaving a last will and testament. He devised certain land on “Bogue Chitto” in Dallas county, “to his daughter, Nancy C. Bender, for life, with the remainder to her children, to go, however, into the hands of trustees named. It is also provided in the will that, with the consent of “either of my daughters” the trustees may sell the land devised to her. A general direction in the will is to the effect, that if any devisee to whom a life estate is given with remainder to children, should…
1Opinion of the Court
SHARPE, J..
— Tbe facts appearing in the record of this case are without conflict.
The will of John Smiley, who died in 1849, among other things contained a devise to his daughter, Nancy C. Bender, of lands described as “seven hundred and twenty acres of land lying and situate on Bogue Chitto in the county of Dallas,” the terms of the grant being “to her sole and exclusive use during her natural life and then to be equally divided between her children to go, however, into the hands Of the trustee hereinafter named at the time of my death.”
Devises are made to others of the testator’s children…
2Cases cited15 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Blakeney v. DuboseSupreme Court of Alabama · 1910
- White v. WilliamsSupreme Court of Alabama · 1954
- Bolen v. HovenSupreme Court of Alabama · 1904
- Bishop v. JohnsonSupreme Court of Alabama · 1942
7 more not listed; retrieve them via the Exa API.