Holt v. Pickett
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, Barrie L. Holt, against the appellee, on February 9,1895. The bill avers that William Plarris, a resident of said county- and State, died in October, 1825, seized and possessed of the real estate described in the original bill, leaving a will, which was probated and recorded in the office of the probate j uclge of said county in October,…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. The bill in this case was filed by the appellant, Barrie L. Holt, against the appellee, on February 9,1895. The bill avers that William Plarris, a resident of said county- and State, died in October, 1825, seized and possessed of the real estate described in the original bill, leaving a will, which was probated and recorded in the office of the probate j uclge of said county in October, 1825. Item six of said will is as follows : “I lend to my daughter Sarah, during her natural life, and at her decease to be…
1Opinion of the CourtHead, J.
The view we take of this case renders it necessary to decide only a single controverted question, and that is, whether the rule in Shelley’s caséis applicable to the devise contained in item six of the will of William Plarris, which became operative in 1825, when that rule was of force in this State. The devise in question is in the following language : ‘ ‘I lend to my daughter Sarah during her natural life and at her decease to be equally divided between the heirs of her body, the following land: section 29, township 17, range 18, in Montgomery county, Alabama.” Two reasons are urged, in…
2Cases cited6 opinions
- Hamner v. SmithSupreme Court of Alabama · 1853
- Clarke v. SmithCourt of Appeals of Maryland · 1878
- Ewing v. StandeferSupreme Court of Alabama · 1850
- Brant ex dem. Heirs of Provoost v. GelstonNew York Supreme Court · 1801
- Pratt's Lessee v. FlamerCourt of Appeals of Maryland · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wilson v. AlstonSupreme Court of Alabama · 1898
- Boone v. ByrdSupreme Court of Alabama · 1918
- Byrne v. BrownSupreme Court of Florida · 1898
- First Nat. Bank of Paris v. WallaceCourt of Appeals of Texas · 1928
- Wilson v. MillerSupreme Court of Alabama · 1904