Nimmo v. Stewart
Supreme Court of Alabama
Error to the Chancery Court of Madison. Heard before the Hon. D. Gr. Ligón. The original bill in this case was filed by James E. Nimmo in his own right against Thomas Stewart, John Thompson, James Nimmo, the father, and Rhoda Nimmo, the mother of complainant, and also against Elizabeth Dayis, his sister. Thomas Stewart and John Thompson were the only resident defendants; the others resided in Texas, as to whom publication was made.
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Error to the Chancery Court of Madison. Heard before the Hon. D. Gr. Ligón. The original bill in this case was filed by James E. Nimmo in his own right against Thomas Stewart, John Thompson, James Nimmo, the father, and Rhoda Nimmo, the mother of complainant, and also against Elizabeth Dayis, his sister. Thomas Stewart and John Thompson were the only resident defendants; the others resided in Texas, as to whom publication was made. The bill alleges, that Samuel Hamner, of Yirginia, the father of Rhoda Nimmo, on the first day of April, 1817, made and published his last will in writing, and…
1Opinion of the CourtDabgan, C. J.
— -I fully agree with the Chancellor, that the bill asserts a present interest in the slaves, and is not one to protect a future interest or a remainder, after the death of Mrs. Nimmo, the mother of the complainant. But I think the Chancellor was mistaken in holding, that the will gave to Mrs. Nimmo an exclusive life-estate in the slaves, with a remainder after her death to her children. The general rule is, that, if a devise be to one and his children, and he has children at the date of the will and the death of the testator, *691the parent and children living at the testator’s death take…
2Cases cited4 opinions
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Humbert v. The RectorNew York Court of Chancery · 1838
- Fellows, Wadsworth & Co. v. TannSupreme Court of Alabama · 1846
- McCroan v. PopeSupreme Court of Alabama · 1850
3Cited by18 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Kennedy v. BakerTexas Supreme Court · 1883
- Dallas Compress Co. v. SmithSupreme Court of Alabama · 1914
- Shorter v. SmithSupreme Court of Alabama · 1876
- Vanzant v. MorrisSupreme Court of Alabama · 1854
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