Castleberry v. Stringer
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Bill by Fannie C. Stringer against E. C. String’er and others to quiet title. From a judgment for complainant, W. B. Castleberry, as guardian for one of defendants, appeals.
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Appeal from Talladega City Court. Heard before Hon. Cecil Browne. Bill by Fannie C. Stringer against E. C. String’er and others to quiet title. From a judgment for complainant, W. B. Castleberry, as guardian for one of defendants, appeals. The bill contains the usual statutory averments, making a copy of the will an exhibit, and setting out what complainant supposes to be the effect of the will. 01ms-by Tilton is made a respondent, with the allegation that she is insane, and is the daughter of a sister of the testatrix. A guardian was appointed, who filed an answer, setting up that she was an…
1Opinion of the CourtAnderson, J.
“The fundamental and cardinal rule in the interpretation of wills is that the Intention of the testator, if not inconsistent with some established rule of law or with public policy, must control, and it is the duty of the courts to ascertain such intention and to give force and effect to the scheme that he had in mind for the disposition of his estate.” — 30 Ain. & Eng. Ency. of Law, (2d Ed.) p. 661. “A cardinal principle in the construction of wills is to ascertain the intent of *255the testator, and give it effect if it is not prohibited by law.” — Smith v. Smith, 157 Ala. 79, 47 South. 220, 25…
2Cases cited10 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Smith v. SmithSupreme Court of Alabama · 1908
- May v. RitchieSupreme Court of Alabama · 1880
- Powell v. GlennSupreme Court of Alabama · 1852
- Fellows, Wadsworth & Co. v. TannSupreme Court of Alabama · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Fowlkes v. ClaySupreme Court of Alabama · 1921
- Achelis v. MusgroveSupreme Court of Alabama · 1924
- Brittain v. IngramSupreme Court of Alabama · 1968
- George v. WidemireSupreme Court of Alabama · 1942
26 more not listed; retrieve them via the Exa API.