Montgomery v. Wilson
Supreme Court of Alabama
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Bill by L. Penn Montgomery and another against Maud Wilson and others to quiet title to land. Decree for respondents, and complainants appeal.
Read the full summary
Appeal from Lee Law and Equity Court. Heard before Hon. Lum Duke. Bill by L. Penn Montgomery and another against Maud Wilson and others to quiet title to land. Decree for respondents, and complainants appeal. The following is the will of Thomas L. Penn:' After the usual testamentary statement and the direction as to the paying of debts and burial, contained in items 1 and 2, item 3 is: “The remainder of my entire estate, after paying my funeral expenses and debts, I give and bequeath to my two grandchildren, L. Penn Montgomery and Louis Walton Montgomery, share and share alike, to be…
1Opinion of the Court
de GRAFFENRIED, J.
Thomas L. Penn, then an old man, executed his will on January 5, 1911, and his will is before us for construction. The reporter will set out the will, as it is necessary, in order that our meaning may be understood, that this opinion shall be read in connection with the will.
*2121. The cardinal rule, in interpretating a will, is to ascertain, from the words used in the will, the real intent of the testator, and then to construe the will according to that intent. Wills are frequently inartificially drawn, and for that reason they should receive greater liberality of construction…
2Cases cited9 opinions
- Smith v. SmithSupreme Court of Alabama · 1908
- Lyons v. BradleySupreme Court of Alabama · 1910
- May v. RitchieSupreme Court of Alabama · 1880
- Bibb v. BibbSupreme Court of Alabama · 1885
- Campbell v. WeakleySupreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Fowlkes v. ClaySupreme Court of Alabama · 1921
23 more not listed; retrieve them via the Exa API.