Cain v. Cain
Supreme Court of Alabama
Appeal from tlie Chancery Court of Jefferson. Heard before the Hon. John C. Cakxiichael. ■Thomas Y. Cain, a citizen of Jefferson county, Alabama, died in September, 1899, leaving a last will and testament, which was duly probated in Jefferson county on November 7, 1899. The widow of the testator survived him. He left no children, but four brothers and the children of a deceased sister survived him.. The will is copied in the opinion.
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Appeal from tlie Chancery Court of Jefferson. Heard before the Hon. John C. Cakxiichael. ■Thomas Y. Cain, a citizen of Jefferson county, Alabama, died in September, 1899, leaving a last will and testament, which was duly probated in Jefferson county on November 7, 1899. The widow of the testator survived him. He left no children, but four brothers and the children of a deceased sister survived him.. The will is copied in the opinion. The present bill is filed by Joseph Cain, a brother of the testator, who avers therein- that Nancy J. Cain, the widow of Thomas Y. Cain was acting as executrix…
1Opinion of the Court
►SHAlil'E, J.
Formal parts omitted, tlie will of Thomas Y. Gain, who died m September, 1899, is as follows :
“1. I give all both real and personal property to my wife, Nancy Jane Gain, for her to have and control all that I have and control, all that 1 now or may hereafter be possessed, of, for her to collect all rents and debts and control the same as I myself might if living; to pay all just debts, if any; and the said Nancy Jane Cam, my wife, to have and to hold all that 1 may be possessed of at my death; to sell and convey any property she may choose for her support or comfort, as she may…
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