Bowers v. Bowers
Tennessee Supreme Court
FROM OBION. Appeal from a decree of the Chancery Court of Union City, April Term, 1870. John Somees, Ob. cited Andrews v. Andrews, Nashv., 1870, MS. Ante p. 4; 3 Sneed, 263; 10 Ter., 29; 4 Hum., 210, as to general rule of construction.
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FROM OBION. Appeal from a decree of the Chancery Court of Union City, April Term, 1870. John Somees, Ob. cited Andrews v. Andrews, Nashv., 1870, MS. Ante p. 4; 3 Sneed, 263; 10 Ter., 29; 4 Hum., 210, as to general rule of construction. Will gives agent estate: Wilde’s Case, 2 Wms. on Ex’rs, 936, 937, 938; 2 Boper on Leg., 2d Am. ed., 68, et seq.; lb., 1349; Beclf. on Wills, 335, § 5; 339, § 11, sub-secs., 1 to 6: Complainant’s right to sue, 3 Head, 30, 39; 10 Ter., 184, 185, 186; 2 Ter., 530. insisted that the word “ children ” is used for heirs, citing Ingram v. Smith, 1 Head, 411; Ward v.…
1Opinion of the CourtNicholsoN, C. J.
The questions to be determined in this ease arise upon the third clause of the will of John T. Abbing-ton, who died in Obion county in 1857, and whose will was admitted to probate in June, 1857. The third clause of the will is as follows:
“I bequeath to my daughter, Caroline Matilda, wife of A. J. Bowers, the following property, viz: (describing a tract of land and several slaves,) to have and to hold the same to her and her children to their special use and benefit forever. I do covenant with them that I am lawfully seized of said property and have a good right to convey it.”
Complainants are…
2Cited by5 opinions
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