Allen v. Maxwell

LIVINGSTON, Justice.

This is an appeal from a declaratory judgment rendered by the Circuit Court, in Equity, of Lowndes County, Alabama, construing the will of Marcellus J. Fagg, a former resident of Asheville, North Carolina. The case was submitted in the court below on an agreed statement ot facts.

The subject matter of the controversy is certain described real estate located in Lowndes County, consisting of approximately nine hundred and forty-nine acres of land, and known as the “Miles Place.” Both appellants and appellees claim to own said lands by virtue of the provisions of the will of…