Johnson v. Holifield
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 27th March, 1886, by Joseph A. Holifield, as the executor of the last will and testament of Mrs. Mary F. McLemore, deceased, against Lucy A. Johnson, who was the residuary legatee under the will; and asked the instructions of the court as to the validity of a bequest contained in the will, and the proper disposition of moneys in his hands arising from the sale…
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Appeal from the Chancery Court of Lee. Heard before the Hon. S. K. MoSpadden. The bill in this case was filed on the 27th March, 1886, by Joseph A. Holifield, as the executor of the last will and testament of Mrs. Mary F. McLemore, deceased, against Lucy A. Johnson, who was the residuary legatee under the will; and asked the instructions of the court as to the validity of a bequest contained in the will, and the proper disposition of moneys in his hands arising from the sale of real estate. The defendant demurred to the bill, on the ground that the bequest was void. The chancellor overruled…
1Opinion of the CourtClopton, J.
The will of Mary F. McLemore contains the following clause : £T give and bequeath to the Commissioners of Roads and Revenues of the county of Chambers and State of *424Alabama, and their successors in office, or to such authority as may control and direct the finances of said county of Chambers and State, the sum of one thousand dollars, to be held in perpetuity in trust, and direct that the legal interest arising from said sum of one thousand dollars be expended annually in the repair, preservation, and neat keeping of the graves and monuments of myself, my first husband, William George, my…
2Cases cited4 opinions
- Williams v. PearsonSupreme Court of Alabama · 1862
- Bates v. BatesMassachusetts Supreme Judicial Court · 1883
- Piper v. MoultonSupreme Judicial Court of Maine · 1881
- Swasey v. American Bible SocietySupreme Judicial Court of Maine · 1869
3Cited by19 opinions
- Mason v. Bloomington Library Ass'nIllinois Supreme Court · 1908
- Lovelace v. Marion InstituteSupreme Court of Alabama · 1926
- Henderson v. Troy Bank & Trust Co.Supreme Court of Alabama · 1948
- Dunn v. EllisorSupreme Court of Alabama · 1932
- Crim v. WilliamsonSupreme Court of Alabama · 1912
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