Smith v. Cain
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Hiram O. Cain and others, against John G. Smith, as executor, and others, to enforce complainant’s claim for certain money and securities and to enjoin respondents from taking or disposing of same. From a decree overruling demurrers to . the bill respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Hiram O. Cain and others, against John G. Smith, as executor, and others, to enforce complainant’s claim for certain money and securities and to enjoin respondents from taking or disposing of same. From a decree overruling demurrers to . the bill respondents appeal. The bill shows that Thomas Y. Cain, deceased, disposed of his estate by will as follows: Item 1: I give all, both real and personal property to my wife Nancy Jane Cain, for her to have and control all that I have now or may hereafter be possesed of, for…
1Opinion of the CourtSomerville, J.
In the case of Cain v. Cain, 127 Ala. 440, 29 South. 846, it was held that the provisions of the will of Thomas Y. Cain, here exhibited, gave to his widow, Nancy J. Cain, an absolute right to dispose of all of the testator’s property, without restraint or control by the courts. Nevertheless, it is clear that under the terms of the will the heirs at law of the testator are entitled to all or any part of the estate remaining unconsumed and undisposed of at the death of Nancy J. Cain.—Alford v. Alford, 56 Ala. 350; Rutledge v. Cramton, 150 Ala. 275, 43 South. 822. This proposition is not denied…
2Cases cited11 opinions
- Grace v. PerrySupreme Court of Missouri · 1906
- Alford's Adm'r v. Alford's Adm'rSupreme Court of Alabama · 1876
- Anderson v. Hall's adm'rCourt of Appeals of Kentucky · 1882
- Rutledge v. CramptonSupreme Court of Alabama · 1907
- Baker v. MitchellSupreme Court of Alabama · 1895
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3Cited by12 opinions
- Edds v. Mitchell, Admr.Texas Supreme Court · 1945
- Gunter v. TownsendSupreme Court of Alabama · 1918
- Jemison v. BrasherSupreme Court of Alabama · 1919
- Bell v. KillianSupreme Court of Alabama · 1957
- Trute v. SkeedeNebraska Supreme Court · 1956
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