Scott v. Kelson
Supreme Court of Alabama
QUESTION IN THIS CASE. Relative to the construction of the word, “children” in a will. This case came up, on exceptions to the report of commissioners, appointed by the Orphans’ Court of Greene, to distribute the estate of William Bell.— The commissioners, in their report and distribution, having allotted to Turner D. Bell, the grand-son of the testator, an equal share in- his estate, exceptions were taken, and sustained by the Court, to the report — on the ground, that the…
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QUESTION IN THIS CASE. Relative to the construction of the word, “children” in a will. This case came up, on exceptions to the report of commissioners, appointed by the Orphans’ Court of Greene, to distribute the estate of William Bell.— The commissioners, in their report and distribution, having allotted to Turner D. Bell, the grand-son of the testator, an equal share in- his estate, exceptions were taken, and sustained by the Court, to the report — on the ground, that the said Turner D. Bell was not entitled, under the will of William Bell, to any part of the estate. The will of William…
1Opinion of the CourtHitchcock, C. J.
This is a writ of error from the County Court of Greene County, sitting as a Court of probate, to reverse a decree of said Court, giving a construction to the will of William Bell. The will is in the following words, viz :
“ 1.1 will all my real estate to my wife, Elizabeth Bell, for and- during her natural life, and, at her death, to be equally divided amongst my children.
“ 2. I will her the following personal property, to wit, [naming some negroes, and other personalty.] -
“3. I will the balance of my property to be equal-*4541 y divided amongst my children,: Margary, having received eight hundred…
2Cited by9 opinions
- May v. RitchieSupreme Court of Alabama · 1880
- Stratford v. LattimerSupreme Court of Alabama · 1951
- Meglemry v. MeglemrySupreme Court of Alabama · 1931
- Edwards v. BenderSupreme Court of Alabama · 1898
- Wilson v. RandSupreme Court of Alabama · 1926
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