Grimball v. Patton
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the lion. H. C. Speake. The original bill in this case was filed on February 8th, 1877, by Samuel R. Cruse, as trustee of the estate of Mrs. Catherine Grimball, deceased, formerly Miss Catherine Moore, against the several persons who asserted claims to the property — namely, her surviving brothers and sisters, her surviving husband (John Grimball, who was also the administrator of his deceased wife by appointment made…
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Appeal from the Chancery Court of Madison. Heard before the lion. H. C. Speake. The original bill in this case was filed on February 8th, 1877, by Samuel R. Cruse, as trustee of the estate of Mrs. Catherine Grimball, deceased, formerly Miss Catherine Moore, against the several persons who asserted claims to the property — namely, her surviving brothers and sisters, her surviving husband (John Grimball, who was also the administrator of his deceased wife by appointment made by the proper court in New York), and John L. Rison, as the administrator of said estate by appointment of the Probate…
1Opinion of the CourtStone, J.
The codicil is part of the'will, and they must be construed together as one instrument. If the codicil expressly revoke any part of the will, then the part revoked must be treated as stricken out. If any part or clause of the codicil be irreconcilably repugnant to a.clause or clauses of the will, then, to that extent, the codicil supplants the will, and the'latter becomes inoperative. But it supplants the will only to the extent the repugnancy is irreconcilable. This, on the principle, and only on the principle, that the codicil is the later expression of the testator’s will, and being…
2Cases cited30 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Pickens v. OliverSupreme Court of Alabama · 1857
- Westcott v. CadyNew York Court of Chancery · 1821
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Short v. BattleSupreme Court of Alabama · 1875
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3Cited by17 opinions
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Spence v. SpenceSupreme Court of Alabama · 1940
- Powell v. PearsonSupreme Court of Alabama · 1929
- Carrington v. RichardsonSupreme Court of Alabama · 1885
12 more not listed; retrieve them via the Exa API.