Gilmer's Legatees v. Gilmer's Executors
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The bill in this cause was filed on the 12th of April, 1866, by Benajah S. Bibb, and Jefferson Ealkner, as executors of the last will and testament of William B. S. Gilmer, deceased, and sought a judicial construction of some of the clauses of the will of said testator.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. N. W. Cocke. The bill in this cause was filed on the 12th of April, 1866, by Benajah S. Bibb, and Jefferson Ealkner, as executors of the last will and testament of William B. S. Gilmer, deceased, and sought a judicial construction of some of the clauses of the will of said testator. Said Gilmer died about the 6th day of January, 1865, at his residence in Chambers county in this State, having made and published his last will and testament, which was admitted to probate in the probate court of Chambers county, on the 24th…
1Opinion of the CourtA. J. Walker, C. J.
The executors of William B. S. Gilmer, deceased, filed the bill in this case for the purpose of obtaining a construction of some of the clauses of the will of their testator. We will examine the legacies of controverted and doubted construction in classes, formed upon an identity of the questions involved.
1.- The seventh item of the will affords an exact example of several legacies, all of which will be grouped into th% class which we will first consider. The language of that item is as follows : “ I give to my brother Thomas L. Gilmer, twenty thousand dollars in Confederate States bonds.” In…
2Cases cited3 opinions
- Myers' Executors v. MyersSupreme Court of Alabama · 1858
- Williams v. SimsSupreme Court of Alabama · 1853
- Smith v. LamptonCourt of Appeals of Kentucky · 1839
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- Martin v. ThompsonSupreme Court of Missouri · 1916
- New Albany Trust Co. v. PowellIndiana Court of Appeals · 1902
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