Dickson v. Dickson
Supreme Court of Alabama
Appeal from Chambers Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Martha Dickson against Louis F. Dickson and others to quiet title to land under the statute. Decree for complainant, and respondents appeal.
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Appeal from Chambers Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Martha Dickson against Louis F. Dickson and others to quiet title to land under the statute. Decree for complainant, and respondents appeal. Answering the bill, the respondents admitted all the allegations of the bill, and in setting forth their claim they aver that they claim an interest in said land as devisees named in the will of M. A. Dickson, deceased, and that under the said will they claim an interest in the said property as remaindermen, and set up item 3 of said will in support of their claim. The devise…
1Opinion of the CourtMayfield, J.
It is conceded that the sole question presented by this appeal is whether appellee took an absolute fee upon the death of the testator, her father, or merely a conditional fee, subject to be determined upon her death Avith children surviving her. A proper .construction of the third item of her father’s Avill determines this question; the facts being undisputed. This item reads as follOAVs: “3rd Item. I give, bequeath and devise to my said daughter Martha T. Dickson the following property, to wit: The home place whereon I now reside, consisting of lot No. 32 according to Sheppard’s map, in the…
2Cases cited4 opinions
- Smith v. SmithSupreme Court of Alabama · 1908
- McWilliams v. RamsaySupreme Court of Alabama · 1853
- Smith v. SmithSupreme Court of Alabama · 1903
- English v. McCrearySupreme Court of Alabama · 1908
3Cited by11 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- White v. FowlerSupreme Court of Alabama · 1944
- Blackwell v. BurkettsSupreme Court of Alabama · 1948
- Abrahams v. AbrahamsSupreme Court of Alabama · 1929
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