Pitts v. Campbell
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Bill by J. C. Goodrich and others, as executors of the last will and testament of J. N. Hairston to remove the settlement of the estate from the probate to the circuit court and for a construction of the will. From the decree rendered, Pearl Pitts, one of the devisees, appealed.
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Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Bill by J. C. Goodrich and others, as executors of the last will and testament of J. N. Hairston to remove the settlement of the estate from the probate to the circuit court and for a construction of the will. From the decree rendered, Pearl Pitts, one of the devisees, appealed. The cardinal rule in the construction of a will is to ascertain the intention of the testator and to give it effect. — Campbell v; Weakley, 121 Ala. 64; Woolf v. Loeb, 98 Ala. 426. The testator may by express direction charge a legacy upon the…
1Opinion of the CourtSomerville, J.
The bill is filed by the executors of the last will and testament of J. N. Hairston, deceased, and seeks to remove the settlement of his estate from the probate court of Madison county into the law and equity court. It prays for a construction of certain clauses of the will, and that two legacies, in the sum of $5,000 each, the one to appellant and the other to her sister, be contingently charged on particular lands described in the will as the testator’s farm, and devised to the widow of the testator for her life, with' remainder over to his nieces generally, including the appellees.
The…
2Cases cited4 opinions
- Gorman v. McDonnellSupreme Court of Alabama · 1900
- Lynch v. . MeltonSupreme Court of North Carolina · 1909
- County of New Haven v. Parish of Trinity ChurchSupreme Court of Connecticut · 1909
- Newsom v. ThorntonSupreme Court of Alabama · 1886
3Cited by14 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Jemison v. BrasherSupreme Court of Alabama · 1919
- O'Connell v. O'ConnellSupreme Court of Alabama · 1916
- Schowalter v. SchowalterSupreme Court of Alabama · 1930
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