Walker v. Walker
Supreme Court of Alabama
Error to the Orphans’ Court of Tuscaloosa. Tried before the Hon. Arthur Foster, Judge. On the final settlement of the estate of Robert Walker, deceased, by Moses P. Walker, his executor, the plaintiffs in error, who are still minors, claiming under the tenth and thirteenth clauses of the will, moved the Orphans’ Court for a decree that the legacies bequeathed to them respectively be paid by said executor, which motion the court refused.
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Error to the Orphans’ Court of Tuscaloosa. Tried before the Hon. Arthur Foster, Judge. On the final settlement of the estate of Robert Walker, deceased, by Moses P. Walker, his executor, the plaintiffs in error, who are still minors, claiming under the tenth and thirteenth clauses of the will, moved the Orphans’ Court for a decree that the legacies bequeathed to them respectively be paid by said executor, which motion the court refused. They then moved that said executor be ordered and directed to pay over annually the interest on said legacies, computing the same from one year after the…
1Opinion of the CourtCpiilton, J.
The questions for our revision depend upon the construction to.be placed upon the will of Robert Walker, deceased, by which after making provision for the payment of his debts and funeral expenses, .and bequeathing sundry slaves and tracts of real estate to his wife and children, and. also several pecuniary legacies, he makes the following bequest in the tenth item which is the one under which the plaintiffs in error claim, namely: “I give and bequeath to the heirs of my son, Robert B. Walker, whose names are James Robert Walker and Hickinson P. Walker, each the sum of one thousand dollars,…
2Cases cited1 opinion
- Ogden v. SaundersSupreme Court of the United States · 1827
3Cited by12 opinions
- Ralls v. JohnsonSupreme Court of Alabama · 1917
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Watters v. First Nat. Bank of MobileSupreme Court of Alabama · 1936
- Brame v. . ClarkSupreme Court of North Carolina · 1908
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