Bethea v. Bethea
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellees, Theodore Bethea and Mamie Bethea, who alleged that T. B. Bethea, their grandfather, died testate in 1879, possessed of a large estate; that his will was duly probated, and that in the second paragraph thereof was the following bequest: “I give, devise and bequeath to my wife, Eugenia V. Bethea, my house and lot in the city of Montgomery,…
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellees, Theodore Bethea and Mamie Bethea, who alleged that T. B. Bethea, their grandfather, died testate in 1879, possessed of a large estate; that his will was duly probated, and that in the second paragraph thereof was the following bequest: “I give, devise and bequeath to my wife, Eugenia V. Bethea, my house and lot in the city of Montgomery, on the corner of Perry and Grove streets, where I now reside, and all the household and kitchen furniture, horses and…
1Opinion of the CourtHaralson, J.
1. The main question in this case is, whether the children of Henry, Alfred and Andrew J., — the latter being the sons of the testator, T. B. Bethea, — took under the second clause of the will per stirpes or per capita. Mr. Jarman says on this subject, “Where a gift is to the children of several persons, whether it be to the children of A. and B., or to the children of A. and the children of B., they take per capita and not per stirpes. ” — 2 Jar. on Wills, (6th ed.), p. 205, *p. 1051, § XII. In the notes to the text, several illustrations, and the cases to sustain them, of the correctness of…
2Cases cited11 opinions
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Phinizy v. FosterSupreme Court of Alabama · 1890
- Henry v. ThomasIndiana Supreme Court · 1889
- Wynne v. WalthallSupreme Court of Alabama · 1860
- Lyde v. TaylorSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gunter v. TownsendSupreme Court of Alabama · 1918
- American-Hawaiian Engineering & Construction Co. v. ButlerCalifornia Supreme Court · 1913
- Amos v. ToolenSupreme Court of Alabama · 1936
- Campbell v. WeakleySupreme Court of Alabama · 1898
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
11 more not listed; retrieve them via the Exa API.