Roberts v. Ogbourne
Supreme Court of Alabama
Appeal from tke Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tiie -material facts of this case, as alleged in the bill, may be 'thus stated: John Breedlove died in Montgomery comity, in 1838, having first-made and published his last will and testament, which was duly admitted to probate after bis death, and which contained the following provisions-: The first clause directed the payment of all his debts. ’The second clause was a devise and bequest to his…
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Appeal from tke Chancery Court at Montgomery. Heard before the Hon. Wade Keyes. Tiie -material facts of this case, as alleged in the bill, may be 'thus stated: John Breedlove died in Montgomery comity, in 1838, having first-made and published his last will and testament, which was duly admitted to probate after bis death, and which contained the following provisions-: The first clause directed the payment of all his debts. ’The second clause was a devise and bequest to his wife, Mrs. Nancy Breedlove, of his entire estate, both real and personal, during her widowhood. The third, fourth and…
1Opinion of the CourtR. W. Walker, J.
In its technical sense, tile term “■heirs of the body” includes all persons who successively answer the description of heir of the body ; and hence it' embraces the whole line of lineal descendants, to the most remote generation. Technically construed, the expression*is one which cannot be used to describe the children or grandchildren of a living person, for “ nemo est lucres viventis.” That the term, as used in this will, cannot be *179understood in this technical sense, is plain; because the testator directs the estate to vest, during the life-time of Sarah Bledsoe, in the “heirs of the body”…
2Cases cited12 opinions
- Covenhoven v. ShulerNew York Court of Chancery · 1830
- Clark v. ClarkNew York Court of Chancery · 1840
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Elmore v. MustinSupreme Court of Alabama · 1856
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fountain County Coal & Mining Co. v. BeckleheimerIndiana Supreme Court · 1885
- Michigan Mutual Benefit Ass'n v. RolfeMichigan Supreme Court · 1889
- Findley v. HillSupreme Court of Alabama · 1901
- McQueen v. LoganSupreme Court of Alabama · 1885
- In re BartlesNew Jersey Court of Chancery · 1880
1 more not listed; retrieve them via the Exa API.