DeBardelaben v. Dickson
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by P. H. Bardelaben against J. C. Dickson and others. Judgment for defendant and plaintiff appeals. The provisions of the will in this case bring it squarely within the rule of Shelley’s Case. — 11 Am.
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Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by P. H. Bardelaben against J. C. Dickson and others. Judgment for defendant and plaintiff appeals. The provisions of the will in this case bring it squarely within the rule of Shelley’s Case. — 11 Am. St. Rep. 100; Wilson v. Alston, 122 Ala. 630. This rule having been abolished by the statute Sophie E. DeBardelaben did not take a fee simple title to the land. — Mason v. Pate, 34 Ala. 379, and authorities supra. The word, “heirs” has a technical meaning, and does not mean children unless it clearly appears from…
1Opinion of the CourtSimpson, J.
This is an action of ejectment by the appellant against the appellees. The property in ques*61tion was originally owned by P. H. De Bardelaben, Sr., who left a will in wbicb occurred these words: “All of the balance of my property, real, personal and mixed, I give and bequeath unto my beloved wife, Sophie E. De Bardelaben, during her natural life, and after her death to be divided equally between her heirs.” At the time of the execution of the will, and of the death of P. H. De Bardelaben, Sr., there were living his said wife and two sons, B. W. De Bardelaben and L. H. De Dardelaben, both of…
2Cases cited10 opinions
- Shimer v. MannIndiana Supreme Court · 1884
- May v. RitchieSupreme Court of Alabama · 1880
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Machen v. MachenSupreme Court of Alabama · 1849
- Wilson v. AlstonSupreme Court of Alabama · 1898
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3Cited by10 opinions
- Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
- Smith v. BachusSupreme Court of Alabama · 1915
- Castleberry v. StringerSupreme Court of Alabama · 1912
- City Bank & Trust Co. v. McCaaSupreme Court of Alabama · 1925
- Abrahams v. AbrahamsSupreme Court of Alabama · 1929
5 more not listed; retrieve them via the Exa API.