Saunders v. Saunders' Adm'r
Supreme Court of Alabama
Error to the Chancery Court of Mobile. Tried before the Hon. J. ~W. Lesesne. Thomas Saunders and Mary D. Moniac made a marriage contract, which, after reciting the intention of the parties to intermarry, provides: “ Each of the before named parties, to wit, Thomas Saunders and Mary D. Moniac, having and owning property, at the date of their marriage, and all that shall hereafter belong to them, by heirship, legacy, or gift, from, any relation or friend, either living or…
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Error to the Chancery Court of Mobile. Tried before the Hon. J. ~W. Lesesne. Thomas Saunders and Mary D. Moniac made a marriage contract, which, after reciting the intention of the parties to intermarry, provides: “ Each of the before named parties, to wit, Thomas Saunders and Mary D. Moniac, having and owning property, at the date of their marriage, and all that shall hereafter belong to them, by heirship, legacy, or gift, from, any relation or friend, either living or deceased, the right to convey and make title to the same shall be and remain with the* said Thomas Saunders, for all now…
1Opinion of the CourtGrOLDTHWAITE, J.
The question as to the wife’s taking, on the death of the husband, an absolute estate in the property she brought into the marriage, is entirely one of intention, to be collected from the general frame of the instrument ; and such intention will prevail, although contrary to the express words of a particular clause. Spalding v. Spalding, Cro. Car. 185; Kentish v. Newman, 1 Pr. Williams, 235; Targus v. Paget, 2 Ves. 194; Allen v. Rumph, 2 Hill Ch. Rep. 1; Gause v. Hale, 2 Ired. Ch. 241; Gaillard v. Parcher, 1 McMullen Ch. 358. This rule we apply in the present case with the less hesitation,…
2Cited by6 opinions
- May v. RitchieSupreme Court of Alabama · 1880
- Gibson v. LandSupreme Court of Alabama · 1855
- Hamner v. SmithSupreme Court of Alabama · 1853
- Williams v. McConicoSupreme Court of Alabama · 1860
- Baker v. PrewittSupreme Court of Alabama · 1879
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