Howell v. Bennett

STAKELY, Justice.

This is a proceeding in equity to sell lands, for division because they cannot be equitably partitioned among the joint owners or tenants in common. The problem in the case is to determine and identify the lands subject to sale.

Asa C. Bennett at the time of his death owned certain lands in Lee County, Alabama, in Section 11, T. 20, R. 28. His will contained the following provision. “A. After the death of my wife, Martha Ann Bennett, I give and bequeath to my son, Plenry H. Bennett, and devise to him, in consideration of his care and kindness to me, fifty eight (58) acres of…