Bromberg v. McArdle
Supreme Court of Alabama
Contest of Final Settlement of Estate. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Elizabeth McEvoy McArdle, as executrix of the last will and testament of Ann McEvoy, deceased, for final settlement of the estate. On motion of Frederick G. Bromberg, guardian ad litem of the minor heirs, to charge executrix with a certain sum, and to disallow each and every item of credit.
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Contest of Final Settlement of Estate. Appeal from Mobile Probate Court. Heard before Hon. Price Williams, Jr. Petition by Elizabeth McEvoy McArdle, as executrix of the last will and testament of Ann McEvoy, deceased, for final settlement of the estate. On motion of Frederick G. Bromberg, guardian ad litem of the minor heirs, to charge executrix with a certain sum, and to disallow each and every item of credit. From a decree granting the petition, and denying the motion, the guardian ad litem appeals. The will is as follows: “Item 1. I nominate, constitute and appoint my daughter Elizabeth…
1Opinion of the CourtMcCLELLAN, J.
The construction, in a particular, of the last will and testament of Ann McEvoy, deceased, will determine the single question presented by this appeal. The first and second items and the general residuum clause of the will, omitting signature, attestation, and other formal parts, will be set out in the report of the appeal. The contention, between counsel, is, whether the words, “all other personal property” in the phrase, “together with all household and kitchen furniture, and all other personal property contained in said residence,” in item 2 of the instrument, include $800 in money found…
2Cases cited4 opinions
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Bruckman's EstateSupreme Court of Pennsylvania · 1900
- Wolf v. SchæffnerWisconsin Supreme Court · 1881
- McGowan v. CollinsSupreme Court of Alabama · 1908
3Cited by7 opinions
- Sims v. MooreSupreme Court of Alabama · 1972
- Jacoway v. BrittainSupreme Court of Alabama · 1978
- Allred v. DunnSupreme Court of Alabama · 1922
- Winkler v. WoodruffCourt of Chancery of Delaware · 1935
- Harper v. CoadSupreme Court of Iowa · 1971
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