Weathers v. Patterson
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill was filed by Hansford C. Patterson against William Weathers and others, to recover certain slaves and other personal property, in which the plaintiff claimed a remainder under a clause in the will of Jesse Scarborough, deceased, which was in these words : “It is my will and testament, and I do hereby give unto my said loving wife, as aforesaid, all and singular the property of every kind…
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill was filed by Hansford C. Patterson against William Weathers and others, to recover certain slaves and other personal property, in which the plaintiff claimed a remainder under a clause in the will of Jesse Scarborough, deceased, which was in these words : “It is my will and testament, and I do hereby give unto my said loving wife, as aforesaid, all and singular the property of every kind that I possess, or may depart this life possessed of, consisting of my negro boy Ban, horses, cattle, hogs, household and…
1Opinion of the CourtStone, J.
The only question necessary to be considered in this opinion is, does the will of Mr. Scarborough vest in Mrs. Scarborough, the first taker, an absolute title to the property bequeathed, or is the remainder to Hans-ford C. Patterson a valid one ? The will, in terms, only gives a life estate to Mrs. Scarborough, with a limitation over of “whatever may remain and be in her possession at her death.” The property bequeathed consisted of a slave, horses, cattle, hogs, household and kitchen furniture, and working tools of every description on the testator’s plantation;
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2Cases cited7 opinions
- Jackson v. RobinsNew York Supreme Court · 1819
- Flinn v. DavisSupreme Court of Alabama · 1850
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- Geddis v. HawkSupreme Court of Pennsylvania · 1832
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3Cited by13 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Williams v. PearsonSupreme Court of Alabama · 1862
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- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
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