Legal Opinion

Nichols v. Allen

Tennessee Supreme Court

Decided November 1, 1888PublishedCited by 1 opinion

TROM COCKE. Appeal from Chancery Court of Cocke County. JNo. P. Smith, Ch. O. W. Allen made the will set out in the opinion, in 1864, and died in 1876, having in the interval acquired a large amount of personal property. He was never married. His heirs and, next of kin were eight brothers and sisters and their descendants. He provided for only three of these under his will.

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TROM COCKE. Appeal from Chancery Court of Cocke County. JNo. P. Smith, Ch. O. W. Allen made the will set out in the opinion, in 1864, and died in 1876, having in the interval acquired a large amount of personal property. He was never married. His heirs and, next of kin were eight brothers and sisters and their descendants. He provided for only three of these under his will. Mrs. Sharpe, a sister of testator, filed her bill against the executor and beneficiaries under said will — who were claiming the entire personal estate .under its bequests — averring, among other things, that the testator…

1Opinion of the CourtSnodgrass, J.

The determination of this case depends upon the construction of Q-. W Allen’s will, made in 1864. The clause to be considered is as follows:

*133“ I have some real and personal property, and I do hereby make the following disposition of it: First, I have a tract of land of two hundred and fifty acres, lying on the south side of French Broad river, between the lands of ¥m. Burnett and the mouth of "Wolfe Creek, which I hereby give and bequeath to my two sisters, Emily Allen and Cynthia Cowan, and to their heirs forever, the title to which is hereby vested fin them. Second, I have an undivided…

2Cited by1 opinion

  1. Jones v. HuntTennessee Supreme Court · 1896

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