Billingsley v. Harris
Supreme Court of Alabama
Error to the Orphans’ Court of Pickens. 1. The death of the legatee for life, before the death of the testator, does not defeat the remainder, but in such case the remainder vests immediately upon the death of the testator. — 2 Williams on Ex’rs, 764, notes u and v; 2 Lomax Ex’rs, 50, see notes g and h; Chatteris v. Young, 6 Maddox, (bottom page,) 30; Hardwick v. Thurston, 4 Russ. Ch. 380; 3 Cond.
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Error to the Orphans’ Court of Pickens. 1. The death of the legatee for life, before the death of the testator, does not defeat the remainder, but in such case the remainder vests immediately upon the death of the testator. — 2 Williams on Ex’rs, 764, notes u and v; 2 Lomax Ex’rs, 50, see notes g and h; Chatteris v. Young, 6 Maddox, (bottom page,) 30; Hardwick v. Thurston, 4 Russ. Ch. 380; 3 Cond. Ch. 716. 2. The tenth section of this will confers powers upon the executors, coupled with a trust, which a court of equity will enforce. — 2 Story’s Eq. Juris, sec. 1061, note 2; Brown v. Higgs, 8…
1Opinion of the CourtParsons, J.
It appears by the record, that Hudson Harris, deceased, by his last will and testament left specified lega*215cíes to each of his children, and to some of his grand children. By the tenth clause in his will, after making some provision for his wife and for one of his sons, which is immaterial in the present question, he says: “I also give and devise unto my said wife six negroes, to-wit: John, Grace, York, Peter, Aggy and Nancy, and one negro woman and child to be bought by my executors, hereinafter mentioned, during her natural life, and’ after her decease, my will and desire is that my…
2Cases cited2 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1846
- Portis v. CreaghSupreme Court of Alabama · 1837
3Cited by9 opinions
- Hays v. CockrellSupreme Court of Alabama · 1867
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Frye v. Community ChestSupreme Court of Alabama · 1941
- Johnson's Adm'r v. LongmireSupreme Court of Alabama · 1863
- Burleyson v. . WhitleySupreme Court of North Carolina · 1887
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