Scarbrough v. Scarbrough
Supreme Court of Alabama
Appeal from Calhoun Chancery Courts.- Heard before Hon. W. W. Whiteside. ' Bill by A. Lee Scarbrough in his representative capacity, for construction of a will, and to remove the estate from the probate to the chancery court. From a decree construing the will Mamie Scarbrough appeals.
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Appeal from Calhoun Chancery Courts.- Heard before Hon. W. W. Whiteside. ' Bill by A. Lee Scarbrough in his representative capacity, for construction of a will, and to remove the estate from the probate to the chancery court. From a decree construing the will Mamie Scarbrough appeals. The court erred in decreeing Mamie Scarbrough a half interest in the notes amounting to $11,000.00 instead of a half interest in the $16,000.00. — Sec. 6163, Code 1907, It is clear that testator intended to make a clear gift to his sister of a one-half interest in the plantation. —Pitts v. Campbell, 55 South.…
1Opinion of the CourtMcCLELLAN, J.
Eba Scarbrough owned, on January 9, 1909, when he executed his last will and testament, an undivided half interest in a tract of land called the '‘Whisenant Plantation,” lying in Calhoun and Etowah counties. William A. Scarbrough then owned the remaining undivided half interest therein. Subsequent to the execution of his will, Eba and William A. Scarbrough sold the land for $20,000; the purchaser assuming the payment of a mortgage for $4,000, and also paying, in cash, $5,000. For the balance of the pur*143chase money, viz., $11,000, the purchaser gave three notes. Eha and William A. Scarbrough…
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