Foster v. Holland
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lauderdale. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 29th of May, 1875, by John E. W. Poster, Turner S. Foster, and Anne Eliza Wilson, grandchildren of John S. Wilson, deceased, against the children and heirs at law of James L. Holland, deceased, who was a surety on the official bond of one John W. McAllister, as executor of the last will and testament of said John S. Wilson; and sought to charge the…
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Appeal from tbe Chancery Court of Lauderdale. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 29th of May, 1875, by John E. W. Poster, Turner S. Foster, and Anne Eliza Wilson, grandchildren of John S. Wilson, deceased, against the children and heirs at law of James L. Holland, deceased, who was a surety on the official bond of one John W. McAllister, as executor of the last will and testament of said John S. Wilson; and sought to charge the property which the defendants had received from the estate of their deceased father, on its final settlement and distribution,…
1Opinion of the CourtStone, J.
Two controlling clauses in the will of Mr. Wilson fixfits interpretation, and force us to the. conclusion that the legacies in this case are of the class called vested. First, the expression, “ Having advanced to my son Thomas, in his life-time, more than to my daughter Anne Eliza Foster, and wishing to make them all equal at my death.” Second, “ The proceeds of the crops raised on my farms, or a sufficient part thereof, I hereby appropriate to the maintenance and education of my said grandchildren, to-wit: J. E. Wilson Foster, Turner S. Foster, and Anne Eliza Wilson, to be divided equally…
2Cases cited6 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Savage v. BenhamSupreme Court of Alabama · 1849
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- McLemore v. McLemoreSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Allen v. WattsSupreme Court of Alabama · 1893
- Bingham v. SumnerSupreme Court of Alabama · 1921
- Taylor v. RobinsonSupreme Court of Alabama · 1881
- Campbell v. WeakleySupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.