Knight v. O'Brien
Supreme Court of Alabama
Appeal’ from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Action between W. IT. Knight and others and W. D. O’Brien and others. From a decree in favor of the latter, the former appeal.
1Opinion of the CourtMcCBELIAN, J.
The determining inquiry presented by this appeal is the proper construction of item 1 of the will of William B. O’Brien, who died Hay 6, 1904. His will was executed on the 4th of November, 1903, approximately six months before his death.
[1] It is the lawful intent of the testator that is to be sought and effected in the judicial process of construing a will; and the whole testamentary instrument is to be considered in ascertaining that intent. Denson v. Mitchell, 26 Ala. 360, 369; 12 Mich. Dig. Ala. Rep. p. 1019; 40 Cyc. pp. 1413-1416.
The testator left a widow, Anna E. O’Brien, two sons,…
2Cases cited6 opinions
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Benson v. MitchellSupreme Court of Alabama · 1855
- Vanzant v. MorrisSupreme Court of Alabama · 1854
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Wallace v. HodgesSupreme Court of Alabama · 1909
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3Cited by2 opinions
- Sellers v. SellersSupreme Court of Alabama · 1960
- Sorrell v. O'BrienSupreme Court of Alabama · 1920