Vanzant v. Morris
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. E. D. Townes. This bill was filed to recover several slaves which complainants claimed under the will of their grandfather, John Wilhite, while the defendant claimed as purchaser under complainants’ father and mother. The will of said Wilhite contains the following clauses: “ Item 3d.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. E. D. Townes. This bill was filed to recover several slaves which complainants claimed under the will of their grandfather, John Wilhite, while the defendant claimed as purchaser under complainants’ father and mother. The will of said Wilhite contains the following clauses: “ Item 3d. I give my wife Mary five hundred dollars of my ready paper money, that she may live comfortably, and assist in raising the four younger children and schooling them ; also four head of horses, Selim, Tarleton, a sorrel and a roan filley, with all the…
1Opinion of the Court
CHILTON, C. J. —
The question whether the property in controversy belongs to the complainants or to the defendant, depends upon the construction to be placed by us on the following clause in the will of the late John Wilhite, namely: “ Item 4th. My daughter Margaret, I bequeath to her and her children my slave Hannah, unless there is a slave born of my stock; in that case, shall have it, and give up Hannah, as above directed.” The clause referred to by the expression “ above directed,” is a portion of the preceding item, in which, after giving to his wife certain property, the testator says,…
2Cases cited2 opinions
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Nimmo v. StewartSupreme Court of Alabama · 1852
3Cited by21 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Porter v. HendersonSupreme Court of Alabama · 1919
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Phinizy v. FosterSupreme Court of Alabama · 1890
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