Miller v. Flournoy's Heirs
Supreme Court of Alabama
Appeal from the Court of Probate of Chambers. In the matter of the appellants’ petition for the distributive share of Mrs. Miller (formerly Mrs. Flournoy) in the estate of her former deceased husband, Marcus A. Flournoy, whose will contained the following clauses, in addition to others which have no bearing on the case : “ Fourthly. — It is my will and desire also, that my wife, Eliza A. Flournoy, shall keep together, and with her and under her care and protection, all my…
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Appeal from the Court of Probate of Chambers. In the matter of the appellants’ petition for the distributive share of Mrs. Miller (formerly Mrs. Flournoy) in the estate of her former deceased husband, Marcus A. Flournoy, whose will contained the following clauses, in addition to others which have no bearing on the case : “ Fourthly. — It is my will and desire also, that my wife, Eliza A. Flournoy, shall keep together, and with her and under her care and protection, all my children ; and for the better enabling her to do so, it is my will and desire, that she shall have the Control and use,…
1Opinion of the CourtChilton, C. J.
—We fully concur with the counsel for the appellants, that the last clause in a will is to prevail over a preceding clause which cannot be reconciled with it; and also in the proposition, that where there is a general and a particular intent, equally apparent upon the will, and so repugnant that both cannot stand, the particular must yield to the general. But the great and cardinal rule which should govern in the obstruction of wills, as well as other instru* *727merits, is, to give effect, if possible, to every part of it.—Stallsworth v. Stallsworth's Ex., 5 Ala. Rep. 148.
When we consider all…
2Cases cited1 opinion
- Stallsworth v. StallsworthSupreme Court of Alabama · 1843
3Cited by9 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Wynne v. WalthallSupreme Court of Alabama · 1860
- Griffin v. PringleSupreme Court of Alabama · 1876
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