Sherrod v. Sherrod's Adm'rs
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. John Foster. The bill in this case Was filed on the 25th January, 1851, by W. W. Watkins, as the sole surviving executor of the last will and testament of Benjamin Sherrod, deceased, against the legatees, devisees, and heirs-at-law of said testator, asking a judicial construction of .the will, and the administration and settlement of the estate under the directions of the court; and an amended bill and bill of…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. John Foster. The bill in this case Was filed on the 25th January, 1851, by W. W. Watkins, as the sole surviving executor of the last will and testament of Benjamin Sherrod, deceased, against the legatees, devisees, and heirs-at-law of said testator, asking a judicial construction of .the will, and the administration and settlement of the estate under the directions of the court; and an amended bill and bill of revivor was afterwards filed in the names of Samuel W. Shackelford and Charles F. Sherrod, as administrators de bonis…
1Opinion of the CourtA. J. Walker, J.
F. O. A. Sherrod having died without ever having had the possession of the slaves, the contingency on which he was to share in the profits of their *542labor is not presented; consequently, that feature of the bequest is to be left out of view in the consideration of the case. The bequest to be construed is a legacy, in the first place unqualified, to the grand-son, but by a subsequent provision made subject to this qualification, that if the grand-son should die, leaving a wife, but no child, nor the descendant of any child, then over to the persons in the proportions named. The grand-son having…
2Cited by14 opinions
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- Rutland v. EmanuelSupreme Court of Alabama · 1918
- Wolffe v. LoebSupreme Court of Alabama · 1893
- Stoelker v. ThorntonSupreme Court of Alabama · 1889
- Myrick v. WilliamsonSupreme Court of Alabama · 1914
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