Varner v. Young's
Supreme Court of Alabama
Appeal from tbe Chancery Court of Chambers. Heard before the Hon. N. S. Graham. The bill in tbis case was filed on the 17tb January, 1874, by Young Charles Yarner and others, only living children of William Yarner and Hasletine J. Yarner, bis wife, against tbe executor of tbe last will and testament of Leonard H. Young, deceased, bis beirs-at-law, and tbe legatees and devisees under bis will.
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Appeal from tbe Chancery Court of Chambers. Heard before the Hon. N. S. Graham. The bill in tbis case was filed on the 17tb January, 1874, by Young Charles Yarner and others, only living children of William Yarner and Hasletine J. Yarner, bis wife, against tbe executor of tbe last will and testament of Leonard H. Young, deceased, bis beirs-at-law, and tbe legatees and devisees under bis will. Its object was to enforce a trust in lands, wbicb bad been conveyed to said Leonard H. Young as trustee, as hereinafter more particularly stated, and to compel a settlement and account of bis…
1Opinion of the CourtStone, J.
In Wild’s case, Coke’s Bep. part 6, page 17, it was resolved, that, “ If a man devises land to A and to his children or issue, and they then have issue of their bodies, there his express intent may take effect according to the rule of the common law, and no manifest and certain intent appears in the will to the contrary; and therefore, in such case, they shall have but a joint estate for life. But, * * if a man "x' * devises land to husband and wife, and after their decease to their children, or the remainder to their children; in this case, although they have not any child at the time, yet…
2Cases cited16 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Drake v. GloverSupreme Court of Alabama · 1857
- Inge v. MurphySupreme Court of Alabama · 1846
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Nimmo v. StewartSupreme Court of Alabama · 1852
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3Cited by10 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Smith v. BlinnSupreme Court of Alabama · 1929
- Sullivan v. McLaughlinSupreme Court of Alabama · 1891
- Williams v. StateSupreme Court of Alabama · 1907
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