Little v. Ennis
Supreme Court of Alabama
Appeal from Circuit Court, Sumpter County; R. I. Jones, Judge. Bill by W. L. and J. B. Ennis, as executors of the last will and testament of Robert En-nis, deceased, against Lucille E. Little and others, to interpret the will and to ascertain especially if certain items ought to he treated as advancements to Lucille E. Little and deducted from her portion of the estate, and to reinove the administration from the probate to the circuit court.
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Appeal from Circuit Court, Sumpter County; R. I. Jones, Judge. Bill by W. L. and J. B. Ennis, as executors of the last will and testament of Robert En-nis, deceased, against Lucille E. Little and others, to interpret the will and to ascertain especially if certain items ought to he treated as advancements to Lucille E. Little and deducted from her portion of the estate, and to reinove the administration from the probate to the circuit court. From a decree construing the will, and charging Lucille Little with advancements, she appeals. The will referred to is as follows: “Item Second. I give,…
1Opinion of the Court
AN0ERSON, C. J.
[1,2] Item 2 of the will of Robert W. Ennis gives his wife the property therein mentioned absolutely, while the other items of said will deal with other property, and qualified or limited the interest of Mrs. Ennis, and provide for the use, enjoyment, and ownership of same after her death. These subsequent items have no bearing whatever upon item 2, and apply only to the property covered by item 3, True, item 5 is not expressly limited by a specific reference to item 3, but it is manifest that it does not intend to deal with property covered by item 2, or attempt to cut down…
2Cases cited4 opinions
- Gilmer's Legatees v. Gilmer's ExecutorsSupreme Court of Alabama · 1868
- Greene's v. SpeerSupreme Court of Alabama · 1861
- Cawlfield v. BrownSupreme Court of Alabama · 1871
- Malone v. MaloneSupreme Court of Alabama · 1894
3Cited by11 opinions
- Little v. People's BankSupreme Court of Alabama · 1923
- Willis v. BarrowSupreme Court of Alabama · 1929
- Taylor v. First National Bank of TuskaloosaSupreme Court of Alabama · 1966
- Rash v. BogartSupreme Court of Alabama · 1933
- Morgan County Nat. Bank of Decatur v. NelsonSupreme Court of Alabama · 1943
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