Machen v. Machen
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Before the Hon. Thomas A. Walker. Detinue for five slaves, instituted by plaintiff, as executor of William Machen, deceased, against the defendant in error, who was the widow of the testator/ The plaintiff proved the possession of the slaves by his testator for several years before and at the time of his death.
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Error to the Circuit Court of Cherokee. Before the Hon. Thomas A. Walker. Detinue for five slaves, instituted by plaintiff, as executor of William Machen, deceased, against the defendant in error, who was the widow of the testator/ The plaintiff proved the possession of the slaves by his testator for several years before and at the time of his death. The defendant introduced in evidence the will of Merry Hall, her father, made in South-Carolina after her intermarriage with plaintiff’s testator, which contains the following clause : “I leave to Jane Machen two negroes, Tamer and Prince, during…
1Opinion of the CourtChilton, J.
1. The rule in Shelly’s case, which this court, and most of the courts recognizing the principles of the common law, have adopted, is, that “ where the ancestor, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance, an estate is limited, either mediately or immediately to his heirs in fee or in tail, the terms heirs are words of limitation, and not words of purchase.” 1 Rep. 93; 5 Ala. Rep. 580.
Applying this rule of construction to the .case at bar, we think there can be no doubt but that the limitation over, after a life estate in the defendant, “ to her…
2Cases cited3 opinions
- Darden's Adm'r v. Burns' Adm'rSupreme Court of Alabama · 1844
- Pitts v. CurtisSupreme Court of Alabama · 1842
- Gamble v. Gamble's Adm'r.Supreme Court of Alabama · 1847
3Cited by17 opinions
- Kowing v. . ManlyNew York Court of Appeals · 1872
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Williams v. MaullSupreme Court of Alabama · 1852
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