Legal Opinion

Duffee v. Buchanan

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 16 opinions

Error to the Orphans’ Court of Tuskaloosa. This was a proceeding, upon the final settlement of the estate of Seaborn P. Gillespie, of which the plaintiff in error was administrator, with the will annexed.

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Error to the Orphans’ Court of Tuskaloosa. This was a proceeding, upon the final settlement of the estate of Seaborn P. Gillespie, of which the plaintiff in error was administrator, with the will annexed. The will is as follows: First — It is my will and desire, that the proceeds of a promissory note, due me from Matthew Duffee, amounting to eight hundred dollars, or thereabouts, and another for about two hundred dollars, shall be equally divided between my mother, Margaret Gillespie, and my two sisters, Harriet Williams and Mary Gillespie. Second — It is' my will and desire, that my mother…

1Opinion of the CourtOrmond, J.

We consider the true construction of the will to be, that the mother and the two sisters, took each one-third part of the estate. The language is, “ shall be equally divided between my mother and my two sisters, Harriet and Mary.” If the term equally had been omitted, there might have been some plausibility in the argument, that it was intended to create two classes of beneficiaries. In a subsequent clause of the will, the same idea is conveyed, in language admitting of no doubt, where it is said, “ My mother and sisters above named, *31shall receive the amount of a debt due me,” &c. The plain…

2Cases cited2 opinions

  1. Childress v. ChildressSupreme Court of Alabama · 1842
  2. Douthitt's Administrator v. DouthittSupreme Court of Alabama · 1840

3Cited by16 opinions

  1. Thompson v. ThompsonSupreme Court of Georgia · 1887
  2. Speed v. CockeSupreme Court of Alabama · 1876
  3. Tarbell v. JewettMassachusetts Supreme Judicial Court · 1880
  4. Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
  5. Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864

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