Sorrell v. O'Brien
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by_ Julia S. O’Brien against G. J. Sorrell, as guardian, etc., of the heirs of William B. O’Brien, deceased, for a lien upon lands to her support and maintenance. From a decree overruling demurrer to the bill, the guardian appeals.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill by_ Julia S. O’Brien against G. J. Sorrell, as guardian, etc., of the heirs of William B. O’Brien, deceased, for a lien upon lands to her support and maintenance. From a decree overruling demurrer to the bill, the guardian appeals. Appellee filed the bill in this cause seeking to fasten a lien on certain lands for her support and maintenance, claiming that such was her right under the will of William B. O’Brien, deceased. The lands in question passed by the will to Anna E. O’Brien, testator’s widow, with remainder to…
1Concurrence
This is the second appeal involving the construction of the will of William B. O'Brien, deceased (Knight v. O'Brien,202 Ala. 440, 80 So. 824); the question then considered being the quality of estate the two sons of the testator took in the property described in item 1 of the will. It was decided that they took an absolute fee. In determining the inquiry then presented, the whole will was considered, and among other features the provisions quoted in that opinion from the fifth item; and in definition of its effect it was declared, upon the apt authority of McRee v. Means, 34 Ala. 349, 377,…
2Cases cited2 opinions
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Knight v. O'BrienSupreme Court of Alabama · 1918