Stein v. Gordon
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellees, Emma Gordon and Alberta Triplett, against the appellants, Louis Stein, individually, and as executor of tbe last will and testament of Albert Stein, Ella Davenport and Frederick Stein; and prayed to have the administration of the deceased Albert Stein’s estate removed from the Probate Court to the Chancery Court; and further that said Louis Stein,…
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The bill in this case was filed by the appellees, Emma Gordon and Alberta Triplett, against the appellants, Louis Stein, individually, and as executor of tbe last will and testament of Albert Stein, Ella Davenport and Frederick Stein; and prayed to have the administration of the deceased Albert Stein’s estate removed from the Probate Court to the Chancery Court; and further that said Louis Stein, as executor, be required to make a final settlement of his administration of the trust reposed in him by the will, and…
1Opinion of the CourtColeman, J.
The case comes before us on demurrer, and the decision of the legal questions, involves the construction of the will of Albert Stein.
In construing a will, the main purpose is to ascertain and give effect to the intention of the testator. When its provisions are indefinite, reference must be had to settled principles, so far as applicable to the question under consideration. A gift of the rents and profits for a limited time does not carry the fee, but, in the absence of any expression of a different intention, a gift of the rents and profits is tantamount to a devise of the land itself. —…
2Cases cited3 opinions
- Whorton v. MoragneSupreme Court of Alabama · 1878
- Reed v. ReedMassachusetts Supreme Judicial Court · 1812
- Doe ex dem. Gosson v. LaddSupreme Court of Alabama · 1884
3Cited by5 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Jordan v. WalkerSupreme Court of Alabama · 1917
- Ide v. HarrisSupreme Court of Alabama · 1954
- Guesnard v. GuesnardSupreme Court of Alabama · 1911
- Scruggs v. YanceySupreme Court of Alabama · 1914