Landman v. Snodgrass
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. Detinue by the appellants against John E. Snodgrass, for a slave named Alick; plea, non detinet, in short by consent.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Thos. A. Walker. Detinue by the appellants against John E. Snodgrass, for a slave named Alick; plea, non detinet, in short by consent. On the trial, as appears from the bill of exceptions, the plaintiffs introduced as evidence the will of William Land-man, deceased, which was as follows : “ I, William Landman, of the county of Madison, and State of Alabama, being in perfect mind and memory, do make, ordain, and publish this my last will and testament, in the manner and form following, viz.: I loan to my wife, Frances Landman, the…
1Opinion of the CourtGoldthwaite, J.
—It may be remarked, that in bequests of personal property, where words are used by the testator which, without explanation,.import an indefinite failure of issue, courts have frequently shown a stronger inclination to bend the rule of construction to the presumed intention of the testator, thap ip ¿[eyjses of real estate, apd have allowed *601circumstances to control the words in the first case, which they have conceded to be insufficient in the last.—Forth v. Chapman, 1 P. Wms. 663; Doe v. Lyde, 1 Term R. 593; Doe v. Ewart, 7 Ad. & El. 636; Moffat v. Strong, 10 Johns. R. 12; Newton v. Griffith,…
2Cases cited2 opinions
- Williams v. GravesSupreme Court of Alabama · 1849
- Isbell v. MaclinSupreme Court of Alabama · 1854
3Cited by1 opinion
- Bradford v. HowellSupreme Court of Alabama · 1868