Legal Opinion

Martin v. McRee

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 5 opinions

Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellees, to obtain a judicial construction of the will of Mrs.' Martha Burt, who was the mother of Mrs. McKee; also, to remove the trustee of Mrs. McKee’s property, appointed under the will of her mother, and to have her husband appointed in his stead.

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Appeal from tbe Chancery Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by the appellees, to obtain a judicial construction of the will of Mrs.' Martha Burt, who was the mother of Mrs. McKee; also, to remove the trustee of Mrs. McKee’s property, appointed under the will of her mother, and to have her husband appointed in his stead. By the will of Mrs. Burt, which was executed and probated in 1846, said testatrix devised and bequeathed her entire estate, real and personal, to Abram Martin, upon eertain uses and trusts, of which it is only necessary to notice the two…

1Opinion of the CourtRice, C. J.

The controlling question in this case is, what is the legal effect of the fourth paragraph of the will?

The 10th section of the act of 1812 declares, that “every estate in lands or slaves, which now is, or shall hereafter be, created an estate in fee-tail, shall from henceforth be an estate in fee-simple, and the same shall be discharged of the conditions annexed thereto by the common law, restraining alienations before the donee shall have issue; so that the donee, or person in whom the conditional fee is vested, or shall vest, shall have the same power over the said estates, as if they were…

2Cases cited1 opinion

  1. Simmons v. AugustinSupreme Court of Alabama · 1836

3Cited by5 opinions

  1. Bibb v. BibbSupreme Court of Alabama · 1885
  2. Edwards v. BibbSupreme Court of Alabama · 1875
  3. McQueen v. LoganSupreme Court of Alabama · 1885
  4. Wilson v. WardSupreme Court of Alabama · 1931
  5. Deason v. StoneSupreme Court of Alabama · 1910

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