Brown v. Grimes
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 4th January, 1875, by William G. Brown and others, only children of Elizabeth Brown (afterwards Gunn), deceased, the infants suing by their next friend, George W. Gunn, who was the father of one, and the step-father of the others; against the administrator and heirs-at-law of Henry H.' Grimes, deceased.
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Appeal from the Chancery Court of Macon. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 4th January, 1875, by William G. Brown and others, only children of Elizabeth Brown (afterwards Gunn), deceased, the infants suing by their next friend, George W. Gunn, who was the father of one, and the step-father of the others; against the administrator and heirs-at-law of Henry H.' Grimes, deceased. Its object was to recover a legacy, which had been bequeathed to the complainants’ mother, then Elizabeth Moore, by the will of B. M. Adams, deceased, who was her aunt; to…
1Opinion of the CourtStone, J.
The legacy to Elizabeth Brown, subsequently Gunn, is purely pecuniary in its character; and the fact that it was made a charge on land does not change its character as a pecuniary legacy. Being a legacy payable in money, when Mrs. Gunn died, intestate, as it is averred, the title and legal right to claim it vested in her administrator, afterwards to be appointed. It did not descend to her children as heirs. They could only claim through a personal representative; and claiming in that capacity, they would be met by the claim and right of their mother’s surviving hus*650band, to one half her…
2Cases cited5 opinions
- Bethea v. McCollSupreme Court of Alabama · 1843
- Perryman v. GreerSupreme Court of Alabama · 1863
- Anderson's Ex'r v. Anderson's HeirsSupreme Court of Alabama · 1861
- Plunkett v. KellySupreme Court of Alabama · 1853
- McConico v. CannonSupreme Court of Alabama · 1854
3Cited by2 opinions
- Hammond v. BibbSupreme Court of Alabama · 1937
- Graham v. DeYampertSupreme Court of Alabama · 1894