Howard v. Howard's Adm'rs
Supreme Court of Alabama
Appeal from the Probate Court of Dallas. IN the matter of the final settlement and distribution of tbe estate of James M. Howard, deceased. The facts of the case appear in the opinion of the court. cited the following cases: Billingslca v. Abercrombie, 2 . Stew. & P. 26; Seay v. "Winston, 7 Humph. 472; Henderson v. Womack, 6 Ired. Eq. 437 ; Martin v. Gould, 2 Dev. Eq. 305; Spivey v. Spivey, 2 Ired.
Read the full summary
Appeal from the Probate Court of Dallas. IN the matter of the final settlement and distribution of tbe estate of James M. Howard, deceased. The facts of the case appear in the opinion of the court. cited the following cases: Billingslca v. Abercrombie, 2 . Stew. & P. 26; Seay v. "Winston, 7 Humph. 472; Henderson v. Womack, 6 Ired. Eq. 437 ; Martin v. Gould, 2 Dev. Eq. 305; Spivey v. Spivey, 2 Ired. Eq. 100; 2 Jarman on Wills, 112; Roper on Legacies, vol. 1, p. 129; Rowland v. Gorsuch, 2 Cox, 187 ; Leigh v. Leigh, 23 English Law & Eq. R. 104; Congreve v. Palmer, ib. 167 ; Minchell v. Lee, 21…
1Opinion of the CourtStone, J.
The only question presented by this record, arises out of the construction of a clause in the will of James M. Howard, which reads as follows: “And I will, devise and bequeath to her [wife of testator] the other half [of testator’s property] during her natural life or widowhood. At her death or marriage, it is my will and desire, that said half of my estate shall bo equally divided between my half brother, Samuel J., and half sisters, Mary E., Hannah, Caroline E., and Gabriella Howard, and the children of my full sisters, Nancy Malinda Ruth erford, deceased, and Sarah Mead; my said half…
2Cases cited1 opinion
- Billinslea v. AbercrombieSupreme Court of Alabama · 1832
3Cited by2 opinions
- Smith v. AshurstSupreme Court of Alabama · 1859
- Farmer v. KimballSupreme Court of New Hampshire · 1866