Shelby's Executors v. Shelby

We have no doubt that Alfred Shelby had such a vested and certain interest in the estate claimed by him, under his father’s will, as enabled him to pass it by his own will; for that interest was a vested remainder.

And, though the intention of the testator, respecting choses in action to which he was entitled at the time of his death, is a matter of some doubt, yet we are inclined to concur with the Circuit Court, in the opinion that his interest therein passed to his wife, by the devise to her of his land, farming utensils, stock, and “ every thing except (his) mules on hand, and money in…