Carter v. Couch
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by Pink Carter, et al., claiming as the heirs at law of Elizabeth Couch, nee Carter, against William Couch, claiming by curtesy as the husband of Elizabeth Couch. Judgment for defendant and plaintiffs appeal.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by Pink Carter, et al., claiming as the heirs at law of Elizabeth Couch, nee Carter, against William Couch, claiming by curtesy as the husband of Elizabeth Couch. Judgment for defendant and plaintiffs appeal. The clause, called clause B, in the will .is a contingent executory devise.— Rosenan v. OMldress, 111 Ala, 214. It is not void for remoteness or uncertainty.- — McRea v. Means, 34 Ala. 349; Rosenau v. Childress, supra. There can he no estate by curtesy under the conditions here prevailing. —3 Tiedman Real…
1Opinion of the CourtMcCLELLAN, J.
— Charles Carter’s will contains this clause, • called “clause B” hereinafter, omitting the description of the lands described. “I hereby will and bequeath to my daughter Elizabeth Couch, - * * to have and to hold to her and to the heirs of her body, but should she die without issue surviving, the said tract of land shall go to the heirs at law of the said Elizabeth H. Couch.” The legal effect of the devise by clause B to Mrs. Couch and to the heirs of her body was to create a fee tail, which under our statute (Code 1896, § 1021) was raised to an absolute fee. The devise was clearly the…
2Cases cited3 opinions
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- Webb v. Trustees of First Baptist ChurchCourt of Appeals of Kentucky · 1890
- McMasters v. NegleySupreme Court of Pennsylvania · 1893
3Cited by10 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Montgomery v. WilsonSupreme Court of Alabama · 1913
- Powell v. PearsonSupreme Court of Alabama · 1929
- Sheffield v. CookeSupreme Court of Rhode Island · 1916
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