National Jewish Hospital for Consumptives v. Coleman
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before Hon. W. W. Whiteside. Bill by Thomas W. Coleman, Jr., as executor of L. H. Kaplan, deceased, against the National Jewish Hospital for Consumptives, -and others, seeking for the proper construction of the will, and to determine the beneficiaries named therein. From a decree declaring devices and legacies void for uncertainty, certain of the respondents appeal.
1Opinion of the CourtSomerville, J.
The bill is filed by the executors of the will of L. H. Kaplan, deceased, to secure a construction of certain provisions therein. The testator, a resident of Anniston for many years,- executed his will on March 9th, 1910, while in an infirmary in Atlanta, where he died three days later. The will gives a part of his estate “to, the Jewish Hospital for Consumptives at Denver, Colorado;” and a part “to the Jewish Hospital at Jerusalem.” There is nothing else in the will which serves to further identify the beneficiaries thus described by the testator. The difficulty of identification arises from…
2Cases cited12 opinions
- Holmes v. . MeadNew York Court of Appeals · 1873
- Gilmer v. StoneSupreme Court of the United States · 1887
- Webster v. MorrisWisconsin Supreme Court · 1886
- Chambers v. WatsonSupreme Court of Iowa · 1882
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
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3Cited by7 opinions
- Achelis v. MusgroveSupreme Court of Alabama · 1924
- Upshaw v. EubankSupreme Court of Alabama · 1933
- State Ex Rel. Carmichael v. BibbSupreme Court of Alabama · 1937
- Hammond v. BibbSupreme Court of Alabama · 1937
- Frye v. Community ChestSupreme Court of Alabama · 1941
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