McCroan v. Pope
Supreme Court of Alabama
Error to the Chancery Court of Benton. Tried before the Hon. Wilie W. Mason. The facts of this case are as follows: In 1833, Rhesa Bostick, a citizen of Burke county, in the State of Georgia, by his last will and testament devised and bequeathed to George S. Morris certain lands in said county and State, together with a number of slaves, on the special trust, “that he, the said George S. Morris, his heirs, exeoutors or administrators, do and shall use and employ the said…
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Error to the Chancery Court of Benton. Tried before the Hon. Wilie W. Mason. The facts of this case are as follows: In 1833, Rhesa Bostick, a citizen of Burke county, in the State of Georgia, by his last will and testament devised and bequeathed to George S. Morris certain lands in said county and State, together with a number of slaves, on the special trust, “that he, the said George S. Morris, his heirs, exeoutors or administrators, do and shall use and employ the said 'land and negroes in agriculture, or in such other way and manner as may be most beneficial to the interest of the said…
1Opinion of the CourtDargan, C. J.
The first question that presents itself for our consideration is, what estate or interest did Mrs. Morris take under the will? I think it very clear that she took a life estate in the whole, with a remainder over, after her death, to such of her children as should survive her. By the will, the legal title is vested in George S. Morris, her husband, as trustee, and the land and negroes are to be employed by him in agriculture, or in such other way or manner as may be most beneficial to Mary Morris, his wife; he is to pay and hand over to her annually and every year the nett proceeds of the…
2Cited by13 opinions
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Warfield v. RavesiesSupreme Court of Alabama · 1863
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1913
- Nimmo v. StewartSupreme Court of Alabama · 1852
- Cowles v. MorganSupreme Court of Alabama · 1859
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