Matthews v. McDade
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. JohN A. Foster. The original bill in this case was filed on the 29th August, 1876, by James A. McDade and others, surviving children of Nancy E. McDade, deceased, and grandchildren of James Mc-Dade, deceased, against Alexander W. McDade and Catherine L. Matthews; and sought a sale, for partition, of certain lands, in which the complainants claimed an interest as remainder-men, under a deed of trust executed…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. JohN A. Foster. The original bill in this case was filed on the 29th August, 1876, by James A. McDade and others, surviving children of Nancy E. McDade, deceased, and grandchildren of James Mc-Dade, deceased, against Alexander W. McDade and Catherine L. Matthews; and sought a sale, for partition, of certain lands, in which the complainants claimed an interest as remainder-men, under a deed of trust executed by their said grandfather,, and an account of the rents received by Mrs. Matthews, who claimed under a purchase at a…
1Opinion of the CourtSomekwille, J.
A testator may, in his will, so refer to another instrument or paper executed by him as to constructively incorporate it therein, and the two may thus be constituted together but one instrument. This reference must be so clear and distinct as that there can be no reasonable room for mistake of intention.—1 Jarman on Wills (5th Amer. Ed. 1880), 37-39; Chambers v. McDaniel, 6 Ired. L. 226; Peacock v. Monk, 1 Vesey, 127.
The deed of trust, bearing date May 25, 1850, was executed *386by the testator, James McDade, on the same day witb bis last will. The two instruments bear the same date, and are…
2Cases cited11 opinions
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- Garrett v. GarrettSupreme Court of Alabama · 1881
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
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3Cited by47 opinions
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