Legal Opinion

Stay v. Stay

Supreme Court of Alabama

Decided January 24, 1918No. 3 Div. 328PublishedCited by 4 opinions

Appeal from Circuit. 'Court, Montgomery County; O. S. Lewis, Judge. Suit in equity by Hazard Henry Stay and others against Martha R. E. Henry Stay. From decree for respondent, complainants appeal.

1Opinion of the Court

'SOMERVILLE, J.

The bill is filed to obtain' an authoritative construction of the following provision of the will of Mrs. Mary McCurdy Henry:

“I give, devise and bequeath all the remainder of my estate both real and personal to my beloved daughter, Martha Henry Stay, and her children, forever, my estate to be controlled and disposed of as she loishes by my dmiyhter." (Italics supplied.)

The particular inquiry is whether ’the mother, Martha Henry Stay, is authorized by the italicized provision to dispose of the entire estate, including her children’s undivided three-eighths interest, by mortgage…

2Cases cited5 opinions

  1. Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
  2. United States v. GratiotSupreme Court of the United States · 1840
  3. Faulk v. DashiellTexas Supreme Court · 1884
  4. Clute v. LovelandCalifornia Supreme Court · 1885
  5. Rutherford Land & Improvement Co. v. SanntrockSupreme Court of New Jersey · 1900

3Cited by4 opinions

  1. Winner v. Marion County Com'nSupreme Court of Alabama · 1982
  2. McCarthy v. McCarthySupreme Court of Iowa · 1970
  3. Ago, Florida Attorney General Reports1982
  4. McCarthy v. McCarthySupreme Court of Iowa · 1970

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