Legal Opinion

Kumpe v. Coons

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 42 opinions

Appeal from tbe Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in tbis case was filed on tfie lltb day of December, 1878, by tbe heirs-at-law of Samuel W. Coons, deceased, being Ms surviving brothers and sisters, and the children of those who were dead, against Mrs. Mildred Kumpe (formerly Barclay) and her husband, and also against her children by her former husband; Mrs. Kumpe (then Mildred Barclay) being the executrix of the last w;il and testament…

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Appeal from tbe Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in tbis case was filed on tfie lltb day of December, 1878, by tbe heirs-at-law of Samuel W. Coons, deceased, being Ms surviving brothers and sisters, and the children of those who were dead, against Mrs. Mildred Kumpe (formerly Barclay) and her husband, and also against her children by her former husband; Mrs. Kumpe (then Mildred Barclay) being the executrix of the last w;il and testament of said Samuel W. Coons, and she and her said children, with several other'persons (who were also made defendants to…

1Opinion of the CourtBrickell, C. J.

The gift over to the then living children of Mrs. Barclay, on the termination of her estate for life, is a vested, as distinguished from a contingent remainder. “ It is,” says Cb. Kent, “ the present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become Vacant before the estate limited in remainder determines, that distinguishes a vested from a contingent remainder.” The death of Mrs. Barclay could happen, before the death of any of her children ; and if it did, the gift in remainder would immediately vest in…

2Cases cited10 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. Johnston v. GlasscockSupreme Court of Alabama · 1841
  3. Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
  4. Lawyer v. SmithMichigan Supreme Court · 1860
  5. Clemens v. PattersonSupreme Court of Alabama · 1863

5 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Snider v. BurksSupreme Court of Alabama · 1887
  3. Estate of Nye v. First National BankIndiana Court of Appeals · 1973
  4. Gindrat v. Western RailwaySupreme Court of Alabama · 1892
  5. Lyons v. CampbellSupreme Court of Alabama · 1889

37 more not listed; retrieve them via the Exa API.

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