Hardeman v. Hardeman
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Proceeding between Benjamin Hardeman and others, pro ami, and Sara A. Hardeman. Erom a decree, the former appeal, and the latter brings a cross-appeal. The following is the last will and testament of Benjamin P. Hardeman: I appoint my wife, Sara A. Hardeman, ex-jcutrix without bond. Not required to report.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Proceeding between Benjamin Hardeman and others, pro ami, and Sara A. Hardeman. Erom a decree, the former appeal, and the latter brings a cross-appeal. The following is the last will and testament of Benjamin P. Hardeman: I appoint my wife, Sara A. Hardeman, ex-jcutrix without bond. Not required to report. I will and direct that my wife, Sara A. Hardeman, as tong as she remains single, and my three children, Benjamin, Prances Augusta, and Sara Hardeman, shall share and share alike the property in my name, or the proceeds or…
1Opinion of the CourtSayre, J.
[1] Question is made whether appellee, as executrix of the last will and, testament of B. P. Hardeman, deceased, has power under the will to sell the property mentioned in the bilí of complaint in this cause. The general principle is stated in Winston v. Jones, 6 Ala. 550:
“No precise form of words is necessary to the creation of a power; if the intention to confer the power is apparent, to enable the executor to execute the trusts of the will, the power will be implied.”
See Blount v. Moore, 54 Ala. 360.
Here the will contemplates a sale upon discretion, that discretion, evidently, to be…
2Cases cited5 opinions
- Winston v. JonesSupreme Court of Alabama · 1844
- Robinson v. RobinsonSupreme Judicial Court of Maine · 1908
- Walker's Heirs v. MurphySupreme Court of Alabama · 1859
- Blount v. MooreSupreme Court of Alabama · 1875
- Williams's Devisees v. Williams's AdministratorSupreme Court of Alabama · 1873
3Cited by5 opinions
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
- Alstork v. CurrySupreme Court of Alabama · 1922
- Thomas v. FieldSupreme Court of Alabama · 1923
- Tillman v. TillmanSupreme Court of Alabama · 1960
- Glasgow v. BlackwellSupreme Court of Alabama · 1970