Legal Opinion

Gaunt v. Tucker's Executors

Supreme Court of Alabama

Decided June 15, 1850PublishedCited by 17 opinions

Error to the Orphans’ Court of Limestone.

1Opinion of the CourtLargan, C. J.

Hartwell Tucker duly executed his last will, by which he bequeathed, after the payment of his debts, one-third of all his estate to his wife, one-third to James Tucker, his brother, in trust for his, James Tucker’s, children, and one-third to James Tucker, in trust for the children of Burwell Tucker. The testator had no children of his own. After his death, the executors, James Tucker and Peter F. Gaunt, propounded the will for probate, which was duly proved and recorded, and letters testamentary issued to them in the usual form. The widow of the deceased afterwards dissented from the will…

2Cases cited3 opinions

  1. Kellett v. RathbunNew York Court of Chancery · 1833
  2. McRae v. PeguesSupreme Court of Alabama · 1842
  3. Carroll v. BrumbySupreme Court of Alabama · 1848

3Cited by17 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Teague v. CorbittSupreme Court of Alabama · 1877
  3. Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
  4. Kirksey v. KirkseySupreme Court of Alabama · 1868
  5. Henry v. HenrySupreme Court of Alabama · 1893

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