Mason v. Pate's
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. IN the matter of the final settlement and distribution of the estate of Samuel R. Pate, deceased, by John Mc-Innis, tbe executor.
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Appeal from the Probate Court of Sumter. IN the matter of the final settlement and distribution of the estate of Samuel R. Pate, deceased, by John Mc-Innis, tbe executor. The will of said decedent, which was dated the 9th November, 1854, after giving directions for the payment of funeral expenses and debts, contained tbe following provisions: “After these debts are all paid, I then request and desire all of my property, both real and personal, to be equally divided between my daughter, Louisa A. Mason, and Franklin S. Pate, who are my true and lawful heirs. I will and bequeath unto my wife,…
1Opinion of the CourtStone, J.
Although the rule in Shelley’s case embraces only titles to real property, yet most of its principles and incidents are, in this country, alike applicable to wills and other conveyances of personal property. — Fearne on Remainders, vol. 2, p. 394, § 714; ib. ch. 17, § 1, p. 270; Ewing v. Standifer, 18 Ala. 400; Machem v. Machem, 15 Ala. 373 ; Darden v. Burns, 6 Ala. 362; Couch v. Anderson, 26 Ala. 676 ; Powell v. Glenn, 21 Ala. 458 ; Moffatt v. Strong, 10 Johns. 12. When applied to personal property, the remainder over to heirs, or heirs of the body of the first taker, is declared…
2Cases cited24 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Clark v. ClarkNew York Court of Chancery · 1840
- McWilliams v. RamsaySupreme Court of Alabama · 1853
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3Cited by29 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Porter v. HendersonSupreme Court of Alabama · 1919
- Kelly v. DeeganSupreme Court of Alabama · 1895
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
24 more not listed; retrieve them via the Exa API.