Ellis v. Ellis's Administrator
Supreme Court of Alabama
Error to the Chancery Court of the 22d District. Before the Hon. W. W. Mason, Chancellor. This was a bill filed by the plaintiffs in error, the brothers and sisters of Harvey W. Ellis, deceased, against the defendants, to enforce the trust which they alle^ge was created in their favor by the following clause of the last will and testament of said Harvey W. Ellis: “I hereby will and bequeath unto my beloved wife, Catharine M. Ellis, my whole estate, real and personal, after…
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Error to the Chancery Court of the 22d District. Before the Hon. W. W. Mason, Chancellor. This was a bill filed by the plaintiffs in error, the brothers and sisters of Harvey W. Ellis, deceased, against the defendants, to enforce the trust which they alle^ge was created in their favor by the following clause of the last will and testament of said Harvey W. Ellis: “I hereby will and bequeath unto my beloved wife, Catharine M. Ellis, my whole estate, real and personal, after the payment of my just debts, recommending to her, at the same time, to make some small allowance, at her convenience, to…
1Opinion of the CourtChilton, J.
The will of H. W. Ellis, which we are called upon to construe, is in these words : “ The State of Alabama, Tuscaloosa county — Believing it to be the duty of .every one to make a disposition of their estate by will, I hereby give and bequeath unto my beloved wife, Catherine M. Ellis, my whole estate, real and personal, after the payment of my just debts, recommending her, at the same time, to make some small allowance, at her convenience, to each of my brothers and sisters ; say to each, one thousand dollars. In testimony whereof, I have hereto set my hand, and affixed my seal, this 4th…
2Cited by6 opinions
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- Estate of Whitcomb, Superior Court of California, County of San Francisco1890
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