Legal Opinion

Mason v. Storrs

Supreme Court of Alabama

Decided January 15, 1859PublishedCited by 3 opinions

Appeal from the Circuit Court of Autauga. Tried before the Hon. "William M. Bbooks. This action was brought by Mrs. Jane R. Storrs, to recover a lot in Wetumpka, of which the defendant, Thos.

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Appeal from the Circuit Court of Autauga. Tried before the Hon. "William M. Bbooks. This action was brought by Mrs. Jane R. Storrs, to recover a lot in Wetumpka, of which the defendant, Thos. W. Mason, was in possession, together with damages for its detention; and was commenced on the 4th September, 1855. The plintiff claimed the lot in controversy under the will of her deceased husband, Seth P.-Storrs, by which it (with other property) was devised and bequeathed to her, during her natural life, for the support and maintenance of herself and children by the testator, with remainder to the…

1Opinion of the CourtA. J. Walken, C. J.

The widow of Seth P. Storrs was, under his will, only a tenant for life of the legal estate. ' Her estate terminated by death. The children of her deceased husband and herself were entitled to the estate in remainder. Upon the death of a tenant for life, a pending action in her favor, for the recovery of land, cannot be revived in favor of the remainder-men. The remainder-men are neither heirs, devisees, nor personal representatives of the tenant for life; and cannot, therefore, assert, in an action commenced by the tenant for life, their title in remainder. They are not within the statute…

2Cited by3 opinions

  1. Hairston v. DobbsSupreme Court of Alabama · 1886
  2. Pridgen v. ElsonSupreme Court of Alabama · 1941
  3. Harrison v. LeeSupreme Court of Alabama · 1950

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