Phinizy v. Foster
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 24th of April, 1888, by Mrs. Susan A. Foster, wife of E. H. Foster, daughter of Paul J. Watkins, deceased, and grand-daughter of Samuel Watkins, deceased, against Paul W. Phinizy and others, grand-children and great-grand-children of said Samuel Watkins; and sought a judicial construction of the will of the said Samuel Watkins, particularly the 6th clause,…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 24th of April, 1888, by Mrs. Susan A. Foster, wife of E. H. Foster, daughter of Paul J. Watkins, deceased, and grand-daughter of Samuel Watkins, deceased, against Paul W. Phinizy and others, grand-children and great-grand-children of said Samuel Watkins; and sought a judicial construction of the will of the said Samuel Watkins, particularly the 6th clause, and the distribution of the property in 'the hands of trustees, who were made defendants to the bill. Samuel Watkins died…
1Opinion of the CourtClopton, J.
The sixth clause of the will of Samuel Watkins, who died in 1835, reads as follows : “In the event of my son Edgar dying without issue living at his death, I desire his portion, with the accumulations, to be divided equally among the children of Paul J. Watkins and my daughter Elmira; and in the event of my daughter Elmira dying without issue living at her death, I desire the estate left to her and her children, together with the accumulations, to be equally divided among all my grand-cliildren and great-grand-cliildren, but great-grand-cliildren, whose parents are living and able to take…
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- High's Adm'r v. Worley's Admr'xSupreme Court of Alabama · 1858
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3Cited by24 opinions
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