Echols v. Jordan
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, on tbe 21st January, 1857, by Frances B. Rowan, an infant, suing by her next friend, against her father, Alfred A. Rowan, and William Eebols ; and on the marriage of the complainant pending the suit, her husband, Thomas Jordan, was made a party complainant with her.
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Appeal from the Chancery Court of Madison. Heard before the Hon. John Foster. The bill in this case was filed, on tbe 21st January, 1857, by Frances B. Rowan, an infant, suing by her next friend, against her father, Alfred A. Rowan, and William Eebols ; and on the marriage of the complainant pending the suit, her husband, Thomas Jordan, was made a party complainant with her. The bill sought a partition of certain slaves, in which the complainant claimed a one-half interest under the will of her maternal grandfather, Peter Binford, and which were in the possession of the defendant Echols, who…
1Opinion of the CourtA. J. Walker, C. J.
— the will of Peter Binford, Avho died in 1839, there is a bequest to his son, Henry A., of slaves and other personalty, “ to him and his heirs forever.” There is also a bequest of slaves to his daughter, Elizabeth Patton, “to her and her heirs forever.” Intervening between the two clauses making those bequests, is the clause to be construed by its, in the words following, to-wit: “J give and bequeath to my beloved daughter, Mary Bowan, the folloioing negroes, to-wit, Missouri and Agnes, to her and her children forever.” There is also a residuary clause of the will, in the following words:…
2Cases cited9 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Lachland's Heirs v. Downing's Ex'rsCourt of Appeals of Kentucky · 1850
- Dunn v. DavisSupreme Court of Alabama · 1847
- Walker v. WalkerSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Rosenau v. ChildressSupreme Court of Alabama · 1895
- Casper v. HelvieIndiana Court of Appeals · 1925
- Russell v. WrightSupreme Court of Alabama · 1893
- Knight v. O'BrienSupreme Court of Alabama · 1918