Lloyd v. Rambo
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by tlie appellants, wbo are the children of Mrs. Penelope (on^j^nny) Lloyd, and sought to protect their alleged interests as remainder-men in certain slaves, which were bequeathed to Mrs. Lloyd by her brother, Redding Simms, and were afterwards purchased by the defendant, Lawrence Rambo, at sheriff's sale under execution against Mrs. Lloyd’s husband.
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Appeal from the Chancery Court of Lowndes. Heard before tbe Hon. Wade Keyes. The bill in this case was filed by tlie appellants, wbo are the children of Mrs. Penelope (on^j^nny) Lloyd, and sought to protect their alleged interests as remainder-men in certain slaves, which were bequeathed to Mrs. Lloyd by her brother, Redding Simms, and were afterwards purchased by the defendant, Lawrence Rambo, at sheriff's sale under execution against Mrs. Lloyd’s husband. The will of Redding Simms, which was executed in North Carolina, in November, 1823, (and which was made an exhibit to the bill,)…
1Opinion of the CourtA. J. Walker, C. J.
That the sixth clause of the will of Redding Simms, standing alone, would, by' virtue of the rule in Shelley’s case, have created an estate tail, if the subject of the bequest had been laud; and that the subject-matter being personalty, ;t vests the first taker *712with the absolute property, are propositions well sustained by the decisions of this court, and the reasoning and authorities adduced in those decisions. We therefore assert those propositions, on the authority of the cases cited below. — Ewing v. Standifer, 18 Ala. 400; Machen v. Machen, 15 Ala. 378; Hamner v. Smith, 22 Ala. 433;…
2Cases cited9 opinions
- Hamner v. SmithSupreme Court of Alabama · 1853
- Powell v. GlennSupreme Court of Alabama · 1852
- Dunn v. DavisSupreme Court of Alabama · 1847
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
- Ewing v. StandeferSupreme Court of Alabama · 1850
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3Cited by5 opinions
- DeBardelaben v. DicksonSupreme Court of Alabama · 1910
- Holt v. PickettSupreme Court of Alabama · 1895
- Smith v. GreerSupreme Court of Alabama · 1889
- Parish v. ParishSupreme Court of Alabama · 1861
- Bethea's v. SmithSupreme Court of Alabama · 1867