Terrell v. Cunningham
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before the Hon. Charles Turner. The original bill in this ease was filed on the 28th August, 18J4, by Andrew J. Terrell and others, children of Sarah A. and Andrew J. Terrell, both deceased, and grand-children of Abel Haggerty, deceased, against Mrs. Susan A. Cunningham and her husband, W. L. Cunningham; and sought a partition of certain lands, which Jackson Haggerty, deceased, had devised to his two sisters, Mrs. Terrell and…
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Appeal from the Chancery Court of Elmore. Heard before the Hon. Charles Turner. The original bill in this ease was filed on the 28th August, 18J4, by Andrew J. Terrell and others, children of Sarah A. and Andrew J. Terrell, both deceased, and grand-children of Abel Haggerty, deceased, against Mrs. Susan A. Cunningham and her husband, W. L. Cunningham; and sought a partition of certain lands, which Jackson Haggerty, deceased, had devised to his two sisters, Mrs. Terrell and Mrs. Cunningham, with an account of the rents and profits received by each of the parties respectively; and also to…
1Opinion of the CourtStone, J.
Under the will of Abel Haggerty, the interests which Mrs. Sarah A. Terrell and Mrs. Susan A. Cunningham took in the lands devised to them severally, were directed “to be held and kept for the sole and separate use and benefit of each of my said daughters respectively during their respective lives, and after their death to go to their nearest of kin by blood.” The complainants in this suit are the children, and all the children, of Mrs. Terrell. She died in 1§65. There can be no question, that under this will the daughters took a life-estate, and only a life-estate, in the lands devised to…
2Cases cited7 opinions
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Bizzell v. NixSupreme Court of Alabama · 1877
- Chapman v. LeeSupreme Court of Alabama · 1879
- Duval v. ChaudronSupreme Court of Alabama · 1846
- Jones v. JemisonSupreme Court of Alabama · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Gayle v. JohnstonSupreme Court of Alabama · 1885
- Wilkinson v. StuartSupreme Court of Alabama · 1883
- Hood v. HammondSupreme Court of Alabama · 1900
- Wilcoxen v. OwenSupreme Court of Alabama · 1938
8 more not listed; retrieve them via the Exa API.