Howze v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the lion. John Moore. This action was brought by A. C. Howze, as the administrator cum test. ann. of Thaddeus D. Jones, deceased, against Nathaniel J. and Albert F. Davis, but was discontinued as to the latter defendant, who was not served with process; and was founded on the defendants’ promissory note for $791.20, dated March 16th, 1882, and payable to said testator on the 1st January, 1883, with interest from date.
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Appeal from the Circuit Court of Perry. Tried before the lion. John Moore. This action was brought by A. C. Howze, as the administrator cum test. ann. of Thaddeus D. Jones, deceased, against Nathaniel J. and Albert F. Davis, but was discontinued as to the latter defendant, who was not served with process; and was founded on the defendants’ promissory note for $791.20, dated March 16th, 1882, and payable to said testator on the 1st January, 1883, with interest from date. The will of said testator was dated March 18th, 1881, and was duly proved and admitted to probate on the 13th May, 1882; and…
1Opinion of the CourtClopton, J.
— -The sole question presented by the record is the construction of the following clause in the will of the plaintiff’s testator: “If, at my death, the indebtedness now due me from my nephews, M. O. Marshall and J. A. Marshall, Charles O. Jones, Hugh Davis, Albert F. Davis, and Nat. J. Davis, to secure which I have mortgages executed by them, is not paid, I will and direct my executors shall not force them to *383pay the same ; but my will and directions are, that my said nephews shall have three years to pay said balance — that is, one-third of said balance to be paid at the end of one year…
2Cases cited2 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Sorrelle's exr's v. SorrelleSupreme Court of Alabama · 1843