Wimberly v. Wimberly
Supreme Court of Alabama
Appeal from, the Brobate Court of Macon. In the matter -o-f the petition of Lewis T. Wimberly, a® the guardian of the several -minor children of Samuel T. Wimberly, deceased»£or the sale of certain slaves, in which» he alleged, his wards had a. joint interest with tbeis mother, Mrs. Henrietta A. Wimberly* under the will of her deceased father, Guilford Alford.
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Appeal from, the Brobate Court of Macon. In the matter -o-f the petition of Lewis T. Wimberly, a® the guardian of the several -minor children of Samuel T. Wimberly, deceased»£or the sale of certain slaves, in which» he alleged, his wards had a. joint interest with tbeis mother, Mrs. Henrietta A. Wimberly* under the will of her deceased father, Guilford Alford. The will of said Alford was executed in Georgia, where bq resided at the time of his death, and was there duly admitted to probate after his death. The 3d and 7th clauses of said testator’s will were in the following words: .“Item 3. I…
1Opinion of the CourtStone, J.
We think the probate court erred in entertaining j urisdiction of.tbg c.asemade by the-petition shown in this case. The third- clause of Mr. Aford’s will, com strued in. connection with,.the seventh, vested the title of the slaves, in controversy in Mrs. Wimberly, and does not confer such estate upon her and..her children as can be partitioned under the statute. — Acts-of 1855-6, page 20. What e.state the children have under the will,- or whether after-born children, if such there be, will share in this bequest; we need not inquire, as the probate court has no jurisdicr tjon of this trust…
2Cases cited8 opinions
- Rugely v. RobinsonSupreme Court of Alabama · 1846
- Nimmo v. StewartSupreme Court of Alabama · 1852
- Wynne v. WalthallSupreme Court of Alabama · 1860
- McCroan v. PopeSupreme Court of Alabama · 1850
- Robertson v. JohnstonSupreme Court of Alabama · 1860
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3Cited by3 opinions
- Whitman v. ReeseSupreme Court of Alabama · 1877
- Rice v. DrennenSupreme Court of Alabama · 1883
- Greer v. HerrenSupreme Court of Alabama · 1906