Smith v. Phillips
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Denson. This was a statutory action in the nature of ejectment, brought by the appellants, as heirs at law of Mrs. Mary Fitzpatrick, who died in the year 1874, having previously executed her last will and testament which was duly proved and admitted to probate in the probate court of Macon county.
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Appeal from the Circuit Court of Macon. Tried before the Hon. N. D. Denson. This was a statutory action in the nature of ejectment, brought by the appellants, as heirs at law of Mrs. Mary Fitzpatrick, who died in the year 1874, having previously executed her last will and testament which was duly proved and admitted to probate in the probate court of Macon county. The defendant, Nancy Fitzpatrick, was let in as landlord to defend for the other defendants. - The second item of testratrix will reads: “I give and bequeath to my beloved husband, the said Joseph Fitzpatrick [whose name had been…
1Opinion of the CourtHaralson, J.
Section 1020 of the Code provides: “Every estate in land® is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less ’estate avus intended.”
Section 1048 provides, “that in all cases Avhere such absolute poAver of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the donee of the poAver, he is entitled to an absolute fee;” and in the following section (1049) it is provided: “Every poAver of disposition is deemed absolute by means of Avliicli the donee of the…
2Cases cited5 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Hood v. BramlettSupreme Court of Alabama · 1894
3Cited by8 opinions
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Powell v. PearsonSupreme Court of Alabama · 1929
- Rutledge v. CramptonSupreme Court of Alabama · 1907
- Reeves v. TatumSupreme Court of Alabama · 1937
- City Holding Co. v. HoschSupreme Court of Alabama · 1929
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