Thompson v. Bank of Tuskegee
Supreme Court of Alabama
Appeal from Macon Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mary W. Thompson against the Bank of Tuskegee and others to enforce the payment of a monthly annuity upon real estate left by the testator. Decree sustaining demurrer to the bill, and plaintiff appeals.
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Appeal from Macon Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Mary W. Thompson against the Bank of Tuskegee and others to enforce the payment of a monthly annuity upon real estate left by the testator. Decree sustaining demurrer to the bill, and plaintiff appeals. The averments of the bill, stated briefly, are that Charles W. Thompson, the son of oratrix, died in Macon county, Alá., on March 20, 1904, leaving a last will and testament, and a codicil, which will was duly admitted to probate, and W. W. Thompson and J. O. Thompson are named as executors and qualified as such, and…
1Opinion of the Court
ANDERSON, C. J.(1) The general rule is that pecuniary legacies are not chargeable upon lands unless the intention to so charge them is manifested by express words or by fair implication. — Taylor v. Harwell, 65 Ala. 1; Newsom v. Thornton, 82 Ala. 402, 8 South. 261, 60 Am. Rep. 743. Legacies may be charged upon real estate without express direction, if the intention of the testator so to do can be fairly gathered from all the provisions of the will; and extraneous circumstances may be considered in aid of the terms of the will. — Hoyt v. Hoyt, 85 N. Y. 142; Jackson v. Bittinger, 18 Johns. (N.…
2Cases cited6 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Maybury v. GradySupreme Court of Alabama · 1880
- Gorman v. McDonnellSupreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wagar v. MarshburnSupreme Court of Alabama · 1941
- Betts v. RenfroSupreme Court of Alabama · 1933
- Benners v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1945
- Fidelity Union Trust Co. v. RoestNew Jersey Court of Chancery · 1933
- Hammond v. BibbSupreme Court of Alabama · 1937
2 more not listed; retrieve them via the Exa API.