Prater v. Hughston
Supreme Court of Alabama
Appeal from City Court of Talladega; Marion H. Sims, Judge. Bill by W. A. Hughston and others against Garfield and George Prater and others. Decree for complainants, and defendants named appeal.
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Appeal from City Court of Talladega; Marion H. Sims, Judge. Bill by W. A. Hughston and others against Garfield and George Prater and others. Decree for complainants, and defendants named appeal. One Exalicia Caruthers executed a will on April 11, 1916, died on April 15, 1916, and the will was admitted to probate June 25, 1916. The original bill was filed by a number of heirs in September following, asking for a removal of the administration and for a construction of the will. There were a number of parties defendant to this bill in addition to Garfield and George Prater, b,ut none have…
1Opinion of the Court
The will at the time of its execution by the testatrix read as follows:
"I, give, devise and bequeath the following real estate or lands: First. To Garfield and George Prater, forty acres of land. Second. The balance of my land to be sold, and after paying my doctor bill and all other expenses incident to my sickness, funeral expenses and the erection of a nice stone to my grave, the balance to be divided equally among the heirs of Exa Hughston."
The question presented by this appeal is whether or not the devise to the Praters of the undescribed 40 acres is void for uncertainty. It is evident…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Alabama · 1908
- Montgomery v. WilsonSupreme Court of Alabama · 1913
- In Re the Probate of the Will of TurnerNew York Court of Appeals · 1912
3Cited by8 opinions
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Barnett v. Estate of AndersonSupreme Court of Alabama · 2007
- Nichols v. SwickardSupreme Court of Iowa · 1931
- Connolly EstateSuperior Court of Pennsylvania · 1949
- Stephenson v. RoweSupreme Court of North Carolina · 1986
3 more not listed; retrieve them via the Exa API.