Fennell v. Henry
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. H. O. Speak®. The bill in this case was filed on the 9th December, 1879, by Isham W. Fennell and others, as heirs at law and distributees of the estate of Jamos W. Fennell, senior, deceased, against Mrs. Charity E. ITenry, and others, who were also distributees of said estate; and sought, principally, a final settlement and distribution of the estate.
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Appeal from the Chancery Court of Marshall. Heard before the Hon. H. O. Speak®. The bill in this case was filed on the 9th December, 1879, by Isham W. Fennell and others, as heirs at law and distributees of the estate of Jamos W. Fennell, senior, deceased, against Mrs. Charity E. ITenry, and others, who were also distributees of said estate; and sought, principally, a final settlement and distribution of the estate. The decedent died, intestate, on the-19tli January, 1864, and several of his children afterwards died. All the persons interested in the estate were brought before the court,…
1Opinion of the CourtStone, J.
“Any estate, real or personal, which has been given by any intestate in his life-time, as an advancement to any child, or other lineal descendant, must be considered as part of the estate, so far as regards the division and distribution thereof amongst his children or their descendants, and must be taken by such child or descendants towards his share of the estate of the deceased.” — Code of 1876, § 2262. “The maintaining, educating, or giving money to a child, or other lineal descendant, without intending it as a portion op settlement in life, is not an advancement.”—Ib. § 2267.
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2Cases cited15 opinions
- Meeker v. MeekerSupreme Court of Connecticut · 1844
- Shaw v. KentIndiana Supreme Court · 1858
- Distributees of Mitchell v. Mitchell's Adm'r.Supreme Court of Alabama · 1845
- Grey's Heirs v. Grey's Adm'rsSupreme Court of Alabama · 1853
- Butler v. M. Ins.Supreme Court of Alabama · 1848
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3Cited by7 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Ensley v. EnsleyTennessee Supreme Court · 1900
- Dent v. FoySupreme Court of Alabama · 1923
- Kernodle v. WilliamsSupreme Court of North Carolina · 1910
- Comer v. SheheeSupreme Court of Alabama · 1900
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