Mason v. Smith
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Adam C. Felder. The bill in this case was filed by James B. and B. W. Mason, as the executors of the last will and testament of Benjamin J. Smith, deceased, to obtain a judicial construction of said ' decedent’s will, which was in these words : — “ The State of Alabama, 1 In the name of God, amen. I, Lowndes County. j Benj.
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. Adam C. Felder. The bill in this case was filed by James B. and B. W. Mason, as the executors of the last will and testament of Benjamin J. Smith, deceased, to obtain a judicial construction of said ' decedent’s will, which was in these words : — “ The State of Alabama, 1 In the name of God, amen. I, Lowndes County. j Benj. J. Smith, being of sound mind and disposing memory, do make and ordain this my last will and testament. It'em 1st. It is my wish, that a tomb to mark my place be put over my grave; and [for] that purpose I…
1Opinion of the CourtPeters, J.
— The main question in construing this will is as to the effect of the codicil, which revokes the donation to *74Sallie A. Boyd, on the legacy given to her in the body of the will. A codicil is a supplement to a will, or an addition to be taken as a part of it, made by the testator, by which the dispositions of the will are explained, added to, or changed. 2 Bla. Com. 500, mar.; 4 Kent, 531, mar.; 1 Stephens Com. 545. It is to be construed in connection with the body of the will. The whole instrument is to be taken together, and the body of the will is to be changed only so far as to let in the…
2Cited by8 opinions
- Lightfoot v. BeardCourt of Appeals of Kentucky (pre-1976) · 1929
- Grimball v. PattonSupreme Court of Alabama · 1881
- Norton v. MorenCourt of Appeals of Kentucky · 1924
- Hammond v. BibbSupreme Court of Alabama · 1937
- Whorton v. SnellSupreme Court of Alabama · 1933
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