Collins v. Toomer
Supreme Court of Alabama
Appeal from Mobile Probate Court. Tried before Hon Price Williams, Jr. In the matter of the final settlement of the accounts of Edward T. Toomer and John C. Chamberlain, as the executors of the last will and testament of B. C. Gallup, deceased. The facts are stated in the opinion. cited 43 Md. R. 307; 78 Penn. St. 40 ; 50 Miss. 15; 13 New ITamp. 521; Code of 1876, § 2216. cited 2 Jarman on Wills, 690; Continental Life Ins.
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Appeal from Mobile Probate Court. Tried before Hon Price Williams, Jr. In the matter of the final settlement of the accounts of Edward T. Toomer and John C. Chamberlain, as the executors of the last will and testament of B. C. Gallup, deceased. The facts are stated in the opinion. cited 43 Md. R. 307; 78 Penn. St. 40 ; 50 Miss. 15; 13 New ITamp. 521; Code of 1876, § 2216. cited 2 Jarman on Wills, 690; Continental Life Ins. Co. v. Webb, 54 Ala. 699 ; Russell v. Rtmett, 64 Ala. 500; McQuvre v. Westmoreland, 36 Ala. 594; 2 Sugden on Powers, chap. xv.
1Opinion of the CourtBrickell, C. J.
By the first clause or paragraph of the will of Benjamin C. Gallup, there is a general bequest and devise of all the estate, real and personal, of the testator remaining after the payment of debts, to his six children, to be divided between them equally. The period of division was postponed until the youngest child became of age. The conclusion of the clause is in these words: “ And in case either or any of my children shall die before my estate shall be divided, then, it is my will, that the share of such child or children, ■shall be divided equally between the survivors, when partition is…
2Cited by3 opinions
- Pierce v. FulmerSupreme Court of Alabama · 1910
- Thorington v. HallSupreme Court of Alabama · 1895
- Russell v. WrightSupreme Court of Alabama · 1893