Reynolds v. Love
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. C. Love and others against W. W, Reynolds and others to sell lands for division and account for the rents and profits arising from the nse and occupation of said land. From a decree for complainants, respondents appeal.
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Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bill by A. C. Love and others against W. W, Reynolds and others to sell lands for division and account for the rents and profits arising from the nse and occupation of said land. From a decree for complainants, respondents appeal. The following are the items of the will of Mary Lanier referred to in the opinion: Item 2: I give and devise unto friends Clement G. Lanier, George Body, Albert J. Pickett, and John B. Rump, the survivor or survivors of them, their heirs and assigns, 160 acres of land lying east of the 80…
1Opinion of the CourtAnderson, C. J.
The main question for our consideration is whether or not Caroline La Fayette Love took an absolute estate to the land left her under clauses 2 and 3 of the will (which will be set out by the reporter), or only a life estate, with remainder over to the class to which the complainants belong.(1) In order to determine this question, we must first ascertain whether the will is to be construed under the law existing when it was made (1849) or-under the law as it was when the testatrix died (1861).
It is practically conceded by appellees’ counsel, and properly so, that the remainder is not good…
2Cases cited14 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- You v. FlinnSupreme Court of Alabama · 1859
- Ex parte BuckleySupreme Court of Alabama · 1875
- Smith v. SmithSupreme Court of Alabama · 1908
- Smaw v. YoungSupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Wright v. City of TuscaloosaSupreme Court of Alabama · 1938
- Allen v. MaxwellSupreme Court of Alabama · 1947
- Bishop v. JohnsonSupreme Court of Alabama · 1942
8 more not listed; retrieve them via the Exa API.