Abercrombie's v. Abercrombie's Heirs
Supreme Court of Alabama
■ Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Robert J. Ware, as executor of the last will and testament of Albert G-. Abercrombie, deceased, against the heirs-at-law of said decedent; asking the court to' construe his will, and to decide upon the validity of the bequests contained in it.
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■ Appeal from the Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Robert J. Ware, as executor of the last will and testament of Albert G-. Abercrombie, deceased, against the heirs-at-law of said decedent; asking the court to' construe his will, and to decide upon the validity of the bequests contained in it. The said will, which was signed, sealed, and delivered in the presence of three witnesses, dated December 15, 1848, and admitted to probate in the proper office in Montgomery county on 20th February, 1849, is in these words: “ The State of Alabama.…
1Opinion of the CourtGqldthwaite, J.
-If, by the directions given by the testator as to the government and treatment of the children until they arrived at age, it was intended that until the period fixed for their emancipation, they should occupy a condition of qualified freedom, then, unquestionably, the trust would be invalid. Our law recognizes no other status, than that of absolute freedom, or absolute slavery; and if it was the object of the testator that the slaves should remain iu the State, invested with privileges which by law do not belong to that class of population, the intention would be illegal, and the trust in…
2Cases cited2 opinions
- Florey's Executors v. FloreySupreme Court of Alabama · 1854
- Dent v. PortwoodSupreme Court of Alabama · 1852
3Cited by14 opinions
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- Succession of AllenSupreme Court of Louisiana · 1896
- Trustees of Cumberland University v. CaldwellSupreme Court of Alabama · 1919
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Coberly v. EarleWest Virginia Supreme Court · 1906
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