Pierce v. Fulmer
Supreme Court of Alabama
Accounting by Administrator.- Appeal from the Coosa Probate Court. Heard before Hon. J. A. Crawford. Judicial accounting by J. G. Fulmer, as administrator de bonis non with the will annexed, of the estate of Hezekiak Allen, deceased. From a judgment overruling objections of L. C. Pierce and others to the accounting, the distributees appeal.
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Accounting by Administrator.- Appeal from the Coosa Probate Court. Heard before Hon. J. A. Crawford. Judicial accounting by J. G. Fulmer, as administrator de bonis non with the will annexed, of the estate of Hezekiak Allen, deceased. From a judgment overruling objections of L. C. Pierce and others to the accounting, the distributees appeal. It appears from the statement of account that there' were several children of a child born after the death of the testator, and that each of these were allowed their part of a child’s share in the distribution. It further appeared that the administrator…
1Opinion of the CourtAnderson, J.
— The testator, Hezekiah Allen, after bequeathing his property to his wife during her life or widowhood, provided further, by section 3 of the will as follows: “After the death or marriage of my said wife Sarah Allen, I desire that all my estate both real, personal or other description on hand at the death or marriage be sold and equally divided among my children share and share alike.” It is evident that the will bequeathed a life estate to the wife, subject to her marriage, with a remainder to all .of the testator’s children, as a class, who were living when the testator died. It was not…
2Cases cited6 opinions
- Smaw v. YoungSupreme Court of Alabama · 1895
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Thorington v. HallSupreme Court of Alabama · 1895
- Moody v. HemphillSupreme Court of Alabama · 1881
- Russell v. WrightSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Wootten v. VaughnSupreme Court of Alabama · 1919
- Allen v. MaxwellSupreme Court of Alabama · 1947
- Garrett v. SnowdenSupreme Court of Alabama · 1933
5 more not listed; retrieve them via the Exa API.