Legal Opinion

Orr v. Helms

Supreme Court of Alabama

Decided March 29, 1928No. 8 Div. 987PublishedCited by 11 opinions

1Opinion of the CourtAnderson, C. J.

It is a well-established legal principle in this state that words of survivorship as used in a will, unless there is a manifest intent to the contrary, always relate to the death of the testator. Spira v. Frenkel, 210 Ala. 27, 97 So. 104, and cases cited. The present will, however, clearly shows a manifest intent to base the survivor-ship of the daughters upon the death of the wife and not the testator. It says:

“In the event of the death of either of my said daughters before my wife dies.”

It is also well established that a clear and absolute gift is not to be cut down by anything which does…

2Cases cited5 opinions

  1. Thrasher v. IngramSupreme Court of Alabama · 1858
  2. Long v. HoldenSupreme Court of Alabama · 1927
  3. Spira v. FrenkelSupreme Court of Alabama · 1923
  4. Wynne v. WalthallSupreme Court of Alabama · 1860
  5. Pitts v. CampbellSupreme Court of Alabama · 1911

3Cited by11 opinions

  1. Brittain v. IngramSupreme Court of Alabama · 1968
  2. Blackwell v. BurkettsSupreme Court of Alabama · 1948
  3. Hammond v. BibbSupreme Court of Alabama · 1937
  4. Patterson v. First National Bank of MobileSupreme Court of Alabama · 1954
  5. Sewell v. ByarsSupreme Court of Alabama · 1960

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