Jones v. Jones'
Supreme Court of Alabama
'.Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by tbe executor of the last will and testament of Edward S. Jones, deceased, against tbe widow, devisees, and legatees of said testator, and the widow, children, and personal representatives of Richard Jones, deceased ; and sought a judicial construction of the testator’s will, and a- settlement of his estate.
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'.Appeal from tbe Chancery Court of Dallas. Heard before the Hon. James B. Clark. The bill in this case was filed by tbe executor of the last will and testament of Edward S. Jones, deceased, against tbe widow, devisees, and legatees of said testator, and the widow, children, and personal representatives of Richard Jones, deceased ; and sought a judicial construction of the testator’s will, and a- settlement of his estate. Tbe testator died in Dallas county, where he resided, in December, 1858. By his will, ’which was executed in March, 1858, and admitted-to probate in December, 1858, said-…
1Opinion of the CourtA. J. Walker, C. J.
We have attentively considered'. the learned and able opinion pronounced by the chancellor, but it has failed to convince us of the correctness of the . conclusion attained by him.t We regard section 1605 of the Code as forbidding the lapse of a, devise or legacy, be- , cause the legatee or devisee, being a descendant of the tes- . tator, died before the testator, if such legatee or devisee left a descendant. We further regard it as substituting the descendants of the legatee or devisee, for such legatee or . dpvisee, to the right of receiving the legacy or devise ; and.. providing for a»…
2Cases cited1 opinion
- Reese v. HarrisSupreme Court of Alabama · 1855
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- Application of the State to Subject Property of Said Estate to a Collateral Inheritance Tax v. KilerSupreme Court of Iowa · 1903
- Strong v. SmithMichigan Supreme Court · 1891
- Suydam v. VoorheesNew Jersey Court of Chancery · 1899
- Estate of PewCalifornia Court of Appeal · 1935
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