Legal Opinion

Edwards v. Bibb

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 13 opinions

Appéad from Limestone Chancery Court. Heard before Hon. R. S. Watkins. This was a bill in equity, filed by Ann C. Edwards and her husband, against Mary P. Bibb individually, and as administratrix of the estate of David Porter Bibb, deceased, and certain of his heirs at law, seeking to have dower allotted to her in certain lands in their possession.

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Appéad from Limestone Chancery Court. Heard before Hon. R. S. Watkins. This was a bill in equity, filed by Ann C. Edwards and her husband, against Mary P. Bibb individually, and as administratrix of the estate of David Porter Bibb, deceased, and certain of his heirs at law, seeking to have dower allotted to her in certain lands in their possession. The complainant, Ann C., in the year 1857, intermarried with one Thomas Bibb, jr., and continued to live with him as his wife until his death, and afterwards intermarried with her present husband and co-complainant, Julian T. Edwards. Her claim of…

1Opinion of the CourtStone, J.

In the case of Edwards & Wife v. Bibb et al., 43 Ala. 666, the question considered and decided was, whether under the will of Thomas Bibb, sr., Thomas Bibb, jr., took an absolute title in fee to the property therein described as a portion of the Belmina estate, or did it pass to David Porter Bibb on the death of Thomas Bibb, jr,, “leaving no lawful male issue.” Thomas Bibb, jr., had died “leaving no lawful male issue.” It was then ruled that the words of the will constituted a valid “executory devise” of the estate over to David Porter Bibb. An application for a rehearing in that cause was…

2Cases cited11 opinions

  1. Flinn v. DavisSupreme Court of Alabama · 1850
  2. Williams v. PearsonSupreme Court of Alabama · 1862
  3. Mason v. Pate'sSupreme Court of Alabama · 1859
  4. Alabama Life Insurance & Trust Co. v. BoykinSupreme Court of Alabama · 1863
  5. Jordan v. RoachMississippi Supreme Court · 1856

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3Cited by13 opinions

  1. Baker v. SyfrittSupreme Court of Iowa · 1910
  2. City of Eufaula v. McNabSupreme Court of Alabama · 1880
  3. Montgomery v. WilsonSupreme Court of Alabama · 1913
  4. Philippi v. PhilippiSupreme Court of Alabama · 1878
  5. Bibb v. BibbSupreme Court of Alabama · 1885

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