Travis v. Morrison
Supreme Court of Alabama
Appeal from the Court of Probate of Sumter. The will of Enoch Travis, which was admitted to probate in Sumter county, in April, 1841, contained the following provisions: “ In the first place, it is my will and desire, that my plantation in Sumter county whereon I now reside, containing about eight hundred and ninety-seven acres, and all of my negroes on said plantation, consisting of about thirty-five in number, with all of my stock, consisting of horses, cattle, hogs,…
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Appeal from the Court of Probate of Sumter. The will of Enoch Travis, which was admitted to probate in Sumter county, in April, 1841, contained the following provisions: “ In the first place, it is my will and desire, that my plantation in Sumter county whereon I now reside, containing about eight hundred and ninety-seven acres, and all of my negroes on said plantation, consisting of about thirty-five in number, with all of my stock, consisting of horses, cattle, hogs, sheep, osen, and all of the household furniture and faming utensils of every bind and description, be managed and controlled,…
1Opinion of the CourtWalker, J.
The single question in this case is, whether tile bequests to the testator’s wife and children were vested or contingent interests.
The law inclines to regard legacies as vested, rather than contingent, because it is presumed that the testator had in view the interests of the legatee who is the object of his *498bounty. — Shattuck v. Stedman, 2 Pick. 468; Savage v. Benham, 17 Ala. 127; Farley v. Gilmer, 12 ib. 143. This rule of construction was invoked by the counsel for the appellant. It was also insisted, on the same side, that a devise of land to several, to be divided at a particular time, is…
2Cases cited1 opinion
- Savage v. BenhamSupreme Court of Alabama · 1849
3Cited by29 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Neely v. BrogdenTexas Commission of Appeals · 1922
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- George v. WidemireSupreme Court of Alabama · 1942
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