Caldwell v. Caldwell
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Bill by E. H. Caldwell and another against D. K. Caldwell, and others, to require the executor to file his accounts and vouchers and for a reference to state an account upon a partial settlement of the estate of Almena Caldwell. From the order, granting the relief prayed, the respondents appeal.
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Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Bill by E. H. Caldwell and another against D. K. Caldwell, and others, to require the executor to file his accounts and vouchers and for a reference to state an account upon a partial settlement of the estate of Almena Caldwell. From the order, granting the relief prayed, the respondents appeal. It clearly appears from the will that it was the intention of the testator that her brothers George and Europe should in no way participate in the distribution of her estate, and, such being the intention, it must be given effect. 202…
1Opinion of the CourtThomas, J.
[1] The question at issue depends upon the construction of the will of 5. Almena Caldwell, deceased, of date February 9, 1912. A will must be held to speak from testator’s death, and whatever estate he then possessed must be held to pass according to its terms. Pearce v. Pearce, 74 South. 952, 958; Dallas Compress Co. v. Smith, 190 Ala. 423, 433, 67 South. 289 ; Blakeny v. Du Bose, 167 Ala. 627, 636, 637, 52 South. 746.
[2-4] It was agreed at the trial that testatrix died on March 3, 1918; that at the time, of her death her next of kin were her brothers E. H. and G. B. Caldwell, and the…
2Cases cited13 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Whorton v. MoragneSupreme Court of Alabama · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Powell v. PearsonSupreme Court of Alabama · 1929
- Steele v. CruteSupreme Court of Alabama · 1922
- Roberts v. ClevelandSupreme Court of Alabama · 1931
13 more not listed; retrieve them via the Exa API.