Trustees of Cumberland University v. Caldwell
Supreme Court of Alabama
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Bill by Daisy Caldwell against the .Trustees of Cumberland University, the Cumberland Presbyterian Church, and a number of the Caldwell heirs, to sell certain land for division. Decree for complainant, and respondent trustees appeal.
Read the full summary
Appeal from Circuit Court, Jackson County; W. W. Haralson, Judge. Bill by Daisy Caldwell against the .Trustees of Cumberland University, the Cumberland Presbyterian Church, and a number of the Caldwell heirs, to sell certain land for division. Decree for complainant, and respondent trustees appeal. The testatrix was bound by tbe provisions in tbe charter of the college permitting the discontinuance of certain departments, and to apply the income going to that department to the benefit of the corporation. 20 Wend. 457. The provision to sell the lands and turn the money over to the trustees…
1Opinion of the Court
The chief question presented is the construction of the will of Hannah J. Caldwell, a resident of Alabama, who died in 1888, owning real estate, in which will, executed but a few months before her death, these were the important provisions:
"Second. I give, devise and bequeath to my said sister, Sarah Almena Caldwell, to have and to hold during the time of her natural life, all my real estate which I now own or may hereafter acquire and of which I may die seized and possessed.
"Third. I give, devise and bequeath the remainder in said real estate after the expiration of my said sisters life…
2Cases cited4 opinions
- Church v. BullockTexas Supreme Court · 1908
- Woodroof v. HundleySupreme Court of Alabama · 1905
- Abercrombie's v. Abercrombie's HeirsSupreme Court of Alabama · 1855
- Shepard v. ShepardSupreme Court of Connecticut · 1889
3Cited by20 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Powell v. PearsonSupreme Court of Alabama · 1929
- McCuen v. Huey, Texas Court of Appeals, 10th District (Waco)2008
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
15 more not listed; retrieve them via the Exa API.