English v. McCreary
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by W. K. English and others against James H. McCreary and others. From a judgment for defendants, plaintiffs appeal. Plaintiffs are the heirs at law of Martha English, nee Kemp. The defendantts are the heirs at law of Samuel McCreary. Martha English was one of the four younger children of S'amuel Kemp, whose will is referred to in the opinion of the court.
Read the full summary
Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by W. K. English and others against James H. McCreary and others. From a judgment for defendants, plaintiffs appeal. Plaintiffs are the heirs at law of Martha English, nee Kemp. The defendantts are the heirs at law of Samuel McCreary. Martha English was one of the four younger children of S'amuel Kemp, whose will is referred to in the opinion of the court. She married English, at what time it is not shown, and the plaintiffs are the issues of the marriage. On the 9th day of December, 1854, Martha Englsh and her…
1Opinion of the CourtAnderson, J.
— The will in question provides that the respective shares “that I have given to my several daughters are given to them and their bodily heirs or the lawful heirs of their bodies and to their own individual control and not subject to debts contracted by their said husbands or any other person whatsoever.” If this clause stood alone, it would create a fee-tail estate, which is by the terms of section 3397 of the Code of 1907 converted into a fee-simple estate, in favor of the daughters.—Mason v. Pate’s Ex’r, 34 Ala. 379; Smith v. Greer, 88 Ala. 414, 6 South 911; Slayton v. Blount, 93 Ala. 576,…
2Cases cited4 opinions
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Wilson v. AlstonSupreme Court of Alabama · 1898
- Slayton v. BlountSupreme Court of Alabama · 1890
- Smith v. GreerSupreme Court of Alabama · 1889
3Cited by2 opinions
- Dickson v. DicksonSupreme Court of Alabama · 1912
- Bingham v. SumnerSupreme Court of Alabama · 1921