Duncan v. De Yampert
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Ejectment by F. P. Duncan against L. P. de Yampert, and others. Judgment for defendant and plaintiff appeals.
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Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Ejectment by F. P. Duncan against L. P. de Yampert, and others. Judgment for defendant and plaintiff appeals. The indiscriminate use of the words “heir” and “children” show that the .draughtsman was unskillful and that they were used to designate the same class of persons. — May v. Ritchie, 165 Ala. 602; Gampbell v. Noble. 110 Ala. 382; Watson v. Williamson, 129 Ala. 362; Fincllay v. Hill, 133 Ala. 229. Under this will, the class designated took on the expiration of a particular estate from the donor and not from the tenant. —…
1Opinion of the CourtSayre, J.
This is an action of ejectment to recover an interest in the Valola plantation in Perry county. L. Q. C. DeYampert, the former owner, died in 1867 leaving a will by which he disposed of the property. Omitting some complications Avhich are of no consequence in this connection, but folloAving the language of the will in all other respects, the item of the will in dispute may be stated as follows: “I devise to my son Asberry H. De Yampert my Valola Plantation, to be held by him for his use and benefit during his natural life, but at his death to be equally *531divided between the heirs of his body,…
2Cases cited16 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Doe v. ConsidineSupreme Court of the United States · 1868
- Byrnes v. . StilwellNew York Court of Appeals · 1886
- Bruce v. BissellIndiana Supreme Court · 1889
- Gates v. SeibertSupreme Court of Missouri · 1900
11 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Mudd v. LanierSupreme Court of Alabama · 1945
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Crawford v. CarlisleSupreme Court of Alabama · 1921
47 more not listed; retrieve them via the Exa API.