Lyons v. Bradley
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. • Heard before Hon. At IT. Benners. Bill by Lee C. Bradley as executor and trustee against the cestui que trust and donee to have a will construed. Prom a decree for complainant the respondents appeal.
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Appeal from Jefferson Chancery Court. • Heard before Hon. At IT. Benners. Bill by Lee C. Bradley as executor and trustee against the cestui que trust and donee to have a will construed. Prom a decree for complainant the respondents appeal. It is conceded by the appellant that the rule against perpetuity applies to devises of both real and personal property; that as to real estate the common law is modified by section 3417, Code 1907, but- that the rule as to personal property is not modified by statute. The debatable question as to the devisee and bequest is whether the estates attempted to…
1Opinion of the CourtSayre, J.
This appeal requires a decision as to whether certain items of the last will and testament of Thomas Barton Lyons, deceased, are offensive to the rule against perpetuities, and certain subsidiary questions which will be stated in due course.
We begin with the consideration of the question proposed as affecting the devise of testator’s realty within this state. The will contains much detailed direction in respect to the management of.this property, but, putting aside those details as unimportant just now, its substance may be stated as follows: Testator devised his real property to Mary A.…
2Cases cited9 opinions
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Tilden v. . GreenNew York Court of Appeals · 1891
- Schettler v. . SmithNew York Court of Appeals · 1869
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- George Johnston's EstateSupreme Court of Pennsylvania · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Mudd v. LanierSupreme Court of Alabama · 1945
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Bundy v. United States Trust Co. of New YorkMassachusetts Supreme Judicial Court · 1926
32 more not listed; retrieve them via the Exa API.