Harper v. Bibb & Falkner
Supreme Court of Alabama
Appear from the Chancery Court of Montgomery. Heard before the Hon. N. "W. Cooke. This was a bill in equity, filed by the executors of W. B. S. Gilmer, deceased, to obtain the aid of the court in construing the will of them testator, so as to enable them properly and safely to execute their trust.
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Appear from the Chancery Court of Montgomery. Heard before the Hon. N. "W. Cooke. This was a bill in equity, filed by the executors of W. B. S. Gilmer, deceased, to obtain the aid of the court in construing the will of them testator, so as to enable them properly and safely to execute their trust. The case was brought to this court by appeal from a final decree rendered at the May term, 1867, of the chancery court, and the decree of the court was reversed and the cause was remanded. — Bee Gilmer’s Legatees v. Gilmer’s Executors, 42 Ala. 11. Afterwards, the chancellor rendered a decree in…
1Opinion of the CourtPetees, J.
This is a bill in equity filed by the executors of the last will of William B. S. Gilmer, deceased, for the purpose of obtaining the aid of the court in its construction, so that the said executors may be' able safely and properly to execute the duties of their trust. The will bears date the 26th day of June, 1863, and it was' made and published in this State, and the testator died on the 5th day of January, 1865, in Chambers county, in this State. The clause of the will sought to be construed in this case is in the following words:
“Item 13. I give to my friend P. O. Harper ten thousand…
2Cases cited2 opinions
- Gilmer's Legatees v. Gilmer's ExecutorsSupreme Court of Alabama · 1868
- Myers' Executors v. MyersSupreme Court of Alabama · 1858
3Cited by13 opinions
- Willis v. BarrowSupreme Court of Alabama · 1929
- Smith v. . SmithSupreme Court of North Carolina · 1926
- Kramer v. KramerCourt of Appeals for the Fifth Circuit · 1912
- Young v. YoungSupreme Court of Georgia · 1947
- Fidelity National Bank & Trust Co. v. HoveySupreme Court of Missouri · 1928
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