Legal Opinion

Knight v. O'Brien

Supreme Court of Alabama

Decided December 19, 1918No. 5 Div. 713, 713aPublishedCited by 2 opinions

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

  1. McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
  2. Benson v. MitchellSupreme Court of Alabama · 1855
  3. Vanzant v. MorrisSupreme Court of Alabama · 1854
  4. Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
  5. Wallace v. HodgesSupreme Court of Alabama · 1909

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3Cited by2 opinions

  1. Sellers v. SellersSupreme Court of Alabama · 1960
  2. Sorrell v. O'BrienSupreme Court of Alabama · 1920

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