Allen v. White
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. Nathan Cook. The facts of this case are fully set out in the opinion of the court. 1. The intention of the testator must prevail, and to ascertain it, every clause in the instrument may be looked to, and every word in each clause weighed.
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Error to the Circuit Court of Russell. Tried before the Hon. Nathan Cook. The facts of this case are fully set out in the opinion of the court. 1. The intention of the testator must prevail, and to ascertain it, every clause in the instrument may be looked to, and every word in each clause weighed. Heirs of Cassal v. McMillan, adm’r, 8 Porter, 197; Rugely et al, v. Robinson et al.; 10 Ala. 720; Olmstead v. Harvey, 1 Barbour,-102; McMur-tre v. Dew, 3 Green, 27G. The language used by the testator cannot be construed into a perpetuity, and the devise is not subject to such an interpretation.…
1Opinion of the CourtDargan, J.
This was an action of detinue, brought by the administrator of Rufus Mills against his widow, who in*183termarried with the defendant, Allen, after the commencement of the suit. Both plaintiff and defendant claim the slaves in controversy, under the will of John Mills, deceased, who was the father of Rufus.
The testator duly executed his will, by which he bequeathed the slaves to Rufus, the intestate. By a codicil, however, this bequest was revoked; and the rights of the parties depend on the construction that should be given to this codicil, the language of which is as follows: “ I, John Mills,…
2Cases cited6 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Jackson ex dem. Brewster v. BullNew York Supreme Court · 1813
- Pollard v. MerrillSupreme Court of Alabama · 1849
- Cook v. KennerlySupreme Court of Alabama · 1847
- Bender v. ReynoldsSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Glover v. ReidMichigan Supreme Court · 1890
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Petty v. BootheSupreme Court of Alabama · 1851
6 more not listed; retrieve them via the Exa API.