Blakeney v. Dubose
Supreme Court of Alabama
Appeal from .Marengo Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Jones L. Blakeney against S'. B. Du-Bose. Judgment for defendant and plaintiff appeals.
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Appeal from .Marengo Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Jones L. Blakeney against S'. B. Du-Bose. Judgment for defendant and plaintiff appeals. In a construction of a will the inquiry is the intention of the testator, and the will will be given that construction which will most effectually accomplish the purpose and intention of the testator as expressed in the will.— Wharton v. Moragne, 62 Ala. 209; Woolf v. Loeb, 98 Ala. 426; Campbell v. Weakley, 121 Ala. 64; Barr v. Weaver, 132 Ala. 212; Smith v. Smith, 157 Ala. 437. A will speaks from the death of the…
1Opinion of the CourtMayfield, J.
This is an action of ejectment.
Plaintiff (appellant here) claims title as remainder-man and devisee under the will of his grandfather, John Blakeney, who is indisputably shown to have been seised and possessed of the lands at the time of his death, viz., in 1862; his right of possession being thereby conditioned upon the deaths of three life tenants, his grandmother, Polly Blakeney, his father, Robert Blakeney, and his stepmother, Nancy Blakeney, the last of whom to die was his father, who departed this life May 4, 1908. Nancy Blakeney died before the testator. The defendant (appellee here)…
2Cases cited21 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Kelly v. RichardsonSupreme Court of Alabama · 1892
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Gindrat v. Western RailwaySupreme Court of Alabama · 1892
- Smaw v. YoungSupreme Court of Alabama · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Winters v. PowellSupreme Court of Alabama · 1912
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
22 more not listed; retrieve them via the Exa API.