Hollingsworth v. Hollingsworth's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. H. C. S.peake. The bill in this case was filed on the 21st October, 1879, by the executors and executrix of the last will and testament of William D. Hollingsworth, deceased, against the several legatees and devisees therein named; and sought a judicial construction of the will, and the instructions of the court for the guidance of the complainants in the discharge of the duties imposed on them by the will.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. H. C. S.peake. The bill in this case was filed on the 21st October, 1879, by the executors and executrix of the last will and testament of William D. Hollingsworth, deceased, against the several legatees and devisees therein named; and sought a judicial construction of the will, and the instructions of the court for the guidance of the complainants in the discharge of the duties imposed on them by the will. The testator died o.n the 25th April, 1879, in said county of Etowah, where he had resided for many years; and his last will…
1Opinion of the CourtStone, J.
— In construing wills, it is our duty to carry into effect the intention of the testator, shown in the words *327he employs, unless that opinion contravenes some rule of law, or public policy. There is no rule of law, or of public policy, violated by any intention shown in the will of Mr. Hollingsworth, to obtain a construction of which this bill was filed. A second leading canon, by which wills are interpreted, is, that, in case of apparent repugnancy, the general intent of the testator, as disclosed in the will, shall be preferred to the special intent; and to this end, it is our duty to…
2Cases cited1 opinion
- Sherrod v. Sherrod's Adm'rsSupreme Court of Alabama · 1863
3Cited by12 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Russell v. RussellSupreme Court of Alabama · 1887
- Wolffe v. LoebSupreme Court of Alabama · 1893
- Ashurst v. AshurstSupreme Court of Alabama · 1912
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