Russell v. Russell
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. The cardinal rule in the interpretation of wills, where there is any obscurity, is to. discover the intention of the testator.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas W. Coleman. The cardinal rule in the interpretation of wills, where there is any obscurity, is to. discover the intention of the testator. And in order to throw light upon and to give form and shape to that intention, the circumstances which surrounded him at the time the will was made (in 1870) must be made known to the court. — Kyle v. Bellinger, 79 Ala. 516. In order to render an adopted child capable of taking under a will, he must be specifically named in the will. The statute of adoption (Code, § 2745), only makes him capable…
1Opinion of the CourtStone, C. J.
In 1870, Thomas S. Russell made a will, duly executed, containing tbe following clause: “I give to my children two-thirds of all my personal and real estate.” The remaining third be gave to his wife, Caroline Y. The will disposed of bis entire estate. At that time be bad one child, Thomas E. Russell, about six or seven years old, and Mrs. Russell was enciente. She did not carry tbe child to a living birth, and gave birth to no other child.
In 1885, Thomas S. Russell, testator, adopted Cyrus George, an orphan, and bad bis name changed to Cyrus George Russell. Tbe proceedings were in strict…
2Cases cited5 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1880
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
- Sherrod v. Sherrod's Adm'rsSupreme Court of Alabama · 1863
- Hollingsworth v. Hollingsworth's ExecutorsSupreme Court of Alabama · 1880
- Burrage v. BriggsMassachusetts Supreme Judicial Court · 1876
3Cited by34 opinions
- Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Dreyer v. SchrickSupreme Court of Kansas · 1919
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Bray v. MilesIndiana Court of Appeals · 1899
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