Flinn v. Davis
Supreme Court of Alabama
Error, to the Chancery Court of Clarke. Tried before the Hon. J. W. Lesesne. The bill in this case was filed by the plaintiff as the half brother and heir at law of Ann Eliza Davis, deceased, to recover from the defendants certain real and personal properly, which they claimed, as remaindermen, under the will of Norphlet Davis, deceased.
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Error, to the Chancery Court of Clarke. Tried before the Hon. J. W. Lesesne. The bill in this case was filed by the plaintiff as the half brother and heir at law of Ann Eliza Davis, deceased, to recover from the defendants certain real and personal properly, which they claimed, as remaindermen, under the will of Norphlet Davis, deceased. The first clause of the will devises certain real estate to the widow, and Ann Eliza Davis, the infant and only daughter of the testator, to be divided equally between them— the part apportioned to the daughter, to her and the heirs of her body forever, and…
1Opinion of the CourtDargan, C. J.
We tlink the testimony fully establishes that the will was duly executed, and that the testator was of sound mind. It is, therefore, only necessary to examine the questions growing out of its construction.
By the second and fourth clauses of the will, the testator willed and devised to his infant daughler, then unmarried, and to the heirs of her body, certain lands, a number of slaves, with other-persona] property; also, all the money be might die possessed of, or that might be due to him at the time of his death. The fifth clause of the will is in the following language — “If my said daughter…
2Cases cited5 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Executors of Moffat v. StrongNew York Supreme Court · 1813
- Allen v. WhiteSupreme Court of Alabama · 1849
- Bell v. HoganSupreme Court of Alabama · 1828
- Doyle v. BoulerSupreme Court of Alabama · 1845
3Cited by41 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Williams v. PearsonSupreme Court of Alabama · 1862
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Milhollen v. RiceWest Virginia Supreme Court · 1878
- Whorton v. MoragneSupreme Court of Alabama · 1878
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