Donegan v. Wade
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the lion. IL. C. Speaice, as special referee, selected by the parties under the provisions of the statute approved February 23d, 1881. — Sess.
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Appeal from the Chancery Court of Madison. Heard before the lion. IL. C. Speaice, as special referee, selected by the parties under the provisions of the statute approved February 23d, 1881. — Sess. Acts 1880-1, p. 66. The bill in this case was filed on the 14th May, 18F7, by "William H. Donegan, against David "Wade, Harriet "Wade, and Amanda "Wade, the latter being sued individually and as executrix of the last will and testament of David Wade, senior, •deceased; and sought a partition of certain lands, of which the complainant claimed an undivided one-third interest, by a purchase at…
1Opinion of the CourtSomebyille, J.
The construction placed by the referee upon th§ will of David Wade was clearly correct. The 12th item of this instrument, which gives rise to this suit', is as folfows: “It is my will, that if any one of my children shall resist the probate of my will, or petition to breah or set it aside, such child or children shall not have any part of my estate whatever, and the portion intended for such child shall be distributed among those of my children mentioned in item No. 8 who shall not oppose my will, in the same way that the balance of my estate is therein directed to be distributed; the child…
2Cases cited2 opinions
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3Cited by37 opinions
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