Campbell v. Weakley
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. The bill’in this cause was filed by Samuel D. Weakley as the administrator of Joseph P. Mudd, deceased, and sought a settlement of the accounts of William A. Walker, as the executor of William S. Mudd, deceased, and a distribution of the estate of his testator. William A. Walker, the devisees and legatees under the will of William S. Mudd, and the minor children of Jos.
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Appeal from the City Court of Birmingham. Heard before the Hon. W. W. Wilkerson. The bill’in this cause was filed by Samuel D. Weakley as the administrator of Joseph P. Mudd, deceased, and sought a settlement of the accounts of William A. Walker, as the executor of William S. Mudd, deceased, and a distribution of the estate of his testator. William A. Walker, the devisees and legatees under the will of William S. Mudd, and the minor children of Jos. P. Mudd, were made defendants. E. K. Campbell was appointed guardian ad litem for the two minor children of Jos. P. Mudd. The case was disposed…
1Opinion of the CourtHaralson, J.
— The cardinal rule, the one above all others for the construction of wills is, to ascertain the intention of the testator and give it effect, if not prohibited by law. — Wolff e v. Loeb, 98 Ala. 426.
“Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended.” — Code, § 1020 (1824).
The law inclines to regard devisees and legacies as vested rather than contingent, and this rule is applied, when the intention is obscure or doubtful.—Bethea v. Bethea, 116 Ala. 265;…
2Cases cited3 opinions
- Wolffe v. LoebSupreme Court of Alabama · 1893
- Bethea v. BetheaSupreme Court of Alabama · 1896
- Foster v. HollandSupreme Court of Alabama · 1876
3Cited by15 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Smith v. SmithSupreme Court of Alabama · 1908
- Montgomery v. WilsonSupreme Court of Alabama · 1913
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