McGuire v. Westmoreland
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. JoiiN Fostee. The bill in this .case was filed by the children andheirs,at-law of Frances A. McGuire and Sarah J. Briggs, both deceased, infants suing by their next friends, against the surviving brothers and sisters of said Frances and Sarah ; and sought a partition of certain slaves, in which the complainants claimed an interest under a deed of gift from Robert Mitchell, their maternal great-grandfather.
Read the full summary
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. JoiiN Fostee. The bill in this .case was filed by the children andheirs,at-law of Frances A. McGuire and Sarah J. Briggs, both deceased, infants suing by their next friends, against the surviving brothers and sisters of said Frances and Sarah ; and sought a partition of certain slaves, in which the complainants claimed an interest under a deed of gift from Robert Mitchell, their maternal great-grandfather. Said deed of-gift,, which was made an exhibit.to the bill, was dated the 1st October, 1842, and conveyed a negro woman…
1Opinion of the CourtStone, J.
The word children, in its general signification, includes only those persons who are descended from an ancestor, or propositus, in the first degree. There are two classes of eases, in which the word children, in a devise or bequest, will be construed to include grandchildren : 1st, from necessity — where the will would remain inoperative, unless the sense of the word “children” were extended beyond its natural import; and, 2d, where the. testator has clearly shown that he did not intend to use the term children in its proper and actual meaning, but in a more extensive sense. — Morris v. Owen,…
2Cases cited7 opinions
- Mowatt v. CarowNew York Court of Chancery · 1838
- Cutter v. DoughtyNew York Supreme Court · 1840
- McCroan v. PopeSupreme Court of Alabama · 1850
- Dickinson v. LeeSupreme Court of Pennsylvania · 1835
- Scott v. KelsonSupreme Court of Alabama · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Phinizy v. FosterSupreme Court of Alabama · 1890
- City Bank & Trust Co. v. McCaaSupreme Court of Alabama · 1925
- Burgess v. HargroveTexas Supreme Court · 1885
- Spencer v. Title Guarantee Loan & Trust Co.Supreme Court of Alabama · 1931
4 more not listed; retrieve them via the Exa API.