Allen v. Watts
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Heard before tbe Hon. Ti-ios. N. ARRINGTON. Tbe bill in tbis case was filed Mareb tbe 12tb, 1892, in tbe City Court of Montgomery, sitting in equity, by Tbos. H. Watts, as executor of Wade Allen’s last will.
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Appeal from tbe City Court of Montgomery. Heard before tbe Hon. Ti-ios. N. ARRINGTON. Tbe bill in tbis case was filed Mareb tbe 12tb, 1892, in tbe City Court of Montgomery, sitting in equity, by Tbos. H. Watts, as executor of Wade Allen’s last will. It averred that on tbe 21st of June, 1851, Wade Allen, a resident of Montgomery county, State of Alabama, died, siezed of an estate consisting of real and personal property, and having appointed tbe complainant executor, and Eliza Allen, wife of tbe testator, executrix, of bis said will. Complainant alone qualified, and took out letters…
1Opinion of the CourtWalker, J.
The question in this case is, whether the will of Wade H. Allen was effectual to pass his interest under *387tlie codicil to the will of his father, Wáde Allen. Wade H. Allen executed his will on the 5th day of January, 1857, when he was more than eighteen, but less than twenty-one years of age. If his interest in question was personal property it passed by his will, as all persons over the age of eighteen years, of sound mind, could then, as they can now, by their last will, dispose of all their personal property.— Code of 1852, § 1595 ; Code of 1880, § 1951. If that interest was real property…
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