Legal Opinion

Jemison v. Brasher

Supreme Court of Alabama

Decided February 6, 1919No. 6 Div. 848PublishedCited by 21 opinions

Appeal from. Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. , Bill by Mary T. Jemison, as executrix of the will of M. P. Jemison, against Lela J. Brasher and others, to remove an estate from the probate to the chancery for partial settlement, and to construe the will. From the decree rendered, the complainant appealed.

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Appeal from. Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. , Bill by Mary T. Jemison, as executrix of the will of M. P. Jemison, against Lela J. Brasher and others, to remove an estate from the probate to the chancery for partial settlement, and to construe the will. From the decree rendered, the complainant appealed. The bill sought to determine by its construction of the will: (1) Whether or if complainant, as such executrix, should desire before the said Virginia J. Cobb reaches the age of 21 years to sell and convey any of the land belonging to said estate for reinvestment or…

1Opinion of the CourtThomas, J.

The suit filed, in equity, by Mary T. Jemison, as executrix under the will of Mims P. Jemison, deceased, sought construction of said will, removal of the administration from the court of probate, and partial settlement of her accounts as executrix.

After demurrer to the bill was overruled and answer filed, the cause was submitted on the pleadings and agreed statement of facts. The court decreed, among other things: (1) That Mary T. Jemison has a life estate in the real and personal property of the estate of Mims P. Jemison, deceased, with the right to use the rents, income, and interest…

2Cases cited45 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Pearce v. PearceSupreme Court of Alabama · 1917
  3. Duncan v. De YampertSupreme Court of Alabama · 1913
  4. Gunter v. TownsendSupreme Court of Alabama · 1918
  5. Ralls v. JohnsonSupreme Court of Alabama · 1917

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3Cited by21 opinions

  1. Henderson v. HendersonSupreme Court of Alabama · 1923
  2. Crawford v. CarlisleSupreme Court of Alabama · 1921
  3. Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
  4. Fowlkes v. ClaySupreme Court of Alabama · 1921
  5. Braley v. SpraginsSupreme Court of Alabama · 1930

16 more not listed; retrieve them via the Exa API.

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