Rosenau v. Childress
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before tlie Hon. Samuel H. Sprott. This was a statutory action iu the nature of ejectment, instituted on September 9, 1893, by the appellees against the appellants, for the recovery of a tract of land specifically described in the complaint. The cause was tried by the court without the intervention of a jury, upon an agreed statement of facts.
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Appeal from the Circuit Court of Tuscaloosa. Tried before tlie Hon. Samuel H. Sprott. This was a statutory action iu the nature of ejectment, instituted on September 9, 1893, by the appellees against the appellants, for the recovery of a tract of land specifically described in the complaint. The cause was tried by the court without the intervention of a jury, upon an agreed statement of facts. This agreed statements of facts recited that the plaintiffs were the grand-children aud great-grand-children of James Childress, deceased ; that Mrs. Susan W. Read, who was Susan W. Childress, a…
1Opinion of the CourtHead, J.
We think the devise and bequest-to testator’s daughter, Susan W. Childress,.who subsequently married Read, plainly manifests its meaning. By it, the property mentioned, real and personal (the latter not being in controversy here), was given to Mrs. Read “to be held and enjoyed by her during her natural life, and after her death to be equally divided among her children, if she shall leave children, and if not then to be equally divided “among my other children, to be held by them in the manner before described.” The provision created an estate in Mrs. Read for her life, with remainder to the…
2Cases cited3 opinions
- May v. RitchieSupreme Court of Alabama · 1880
- Campbell v. NobleSupreme Court of Alabama · 1895
- Echols v. JordanSupreme Court of Alabama · 1863
3Cited by10 opinions
- Shuttle & Weaver Land & Improvement Co. v. BarkerSupreme Court of Alabama · 1912
- Spencer v. Title Guarantee Loan & Trust Co.Supreme Court of Alabama · 1931
- Karolusson v. PaonessaSupreme Court of Iowa · 1928
- Higdon v. HigdonSupreme Court of Alabama · 1942
- Robinson v. RobinsonSupreme Court of Alabama · 1967
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