Legal Opinion

Abernethy v. Abernethy

Supreme Court of Alabama

Decided December 4, 1992No. 1910917PublishedCited by 4 opinions

1Opinion of the Court

James F. Abernethy died on January 29, 1989, leaving a will that provided, in pertinent part:

"I give, devise and bequeath all the rest, residue and reminder of my estate of whatever nature and wherever situate as follows:
"A. One-third (1/3) of my said residuary estate to my wife, Margaret K. Abernethy, if she shall survive me and if she shall have predeceased me, as hereinafter provided in Paragraph B.
"B. Two-thirds (2/3) of my said residuary estate (or all of my said residuary estate if my wife predeceased me) to my children, James J. Abernethy, Patricia M. Tamppari, Heather Abernethy, and…

2Cases cited2 opinions

  1. Sheffield v. BuxtonSupreme Court of Alabama · 1989
  2. New Britain National Bank v. Life InsuranceConnecticut Appellate Court · 1972

3Cited by4 opinions

  1. Ex Parte Ford Motor Credit Co.Supreme Court of Alabama · 2000
  2. J.G. Wentworth LLC v. Christian, 07 Ma 113 (6-17-2008)Ohio Court of Appeals · 2008
  3. T.K.S. v. State ex rel. M.S.B.Court of Civil Appeals of Alabama · 1995
  4. First Western Bank & Trust v. First Lutheran Church FoundationNorth Dakota Supreme Court · 2003

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