Mitchell v. Denson
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before tbe Hon. Wade Keyes. This bill was filed by the appellees, children and distribu-tees of Jethro Denson, deceased, seeking an account and distribution of certain slaves, and other personal property, which said Jethro had bequeathed to his surviving wife, “ to have and hold during her natural life, and at her death to dispose of at her will and pleasure”; and which the defendants claimed as the separate property of Mrs.…
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Appeal from the Chancery Court of Barbour. Heard before tbe Hon. Wade Keyes. This bill was filed by the appellees, children and distribu-tees of Jethro Denson, deceased, seeking an account and distribution of certain slaves, and other personal property, which said Jethro had bequeathed to his surviving wife, “ to have and hold during her natural life, and at her death to dispose of at her will and pleasure”; and which the defendants claimed as the separate property of Mrs. Mitchell, as the only child and heir-at-law of said testator’s widow, who had died intestate. At the January term, 1855,…
1Opinion of the CourtWalker, J.
The only question arising on the record, not settled by the former decision, is, whether the facts stated in the amended answer amount to an execution of the power of appointment, conferred on Mrs. Denson by the 8th clause of her husband’s will. The power of appointment thus conferred could not be exercised, without an unequivocal •designation of the person who was to take the property after the termination of the life estate. Courts of equity aid the defective execution of powers, but not the non-execution of them. Sugden on Powers (page 392) has the following language : “It is an immutable…
2Cited by3 opinions
- Rice v. ParkSupreme Court of Alabama · 1931
- Hammett v. MarkhamMississippi Supreme Court · 1921
- Brown v. PhillipsSupreme Court of Rhode Island · 1889