Download pdf Southern Reporter Volume 89

Download pdf Southern Reporter Volume 89

Southern Reporter Volume 89 by Alabama Supreme Court

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Author: Alabama Supreme Court
Page Count: 872 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: PDF
ISBN: 9781130724585
File size: 32 Mb
Download Link: Southern Reporter Volume 89
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...in the lands described in the original bill, averred that she was the next of kin of Mrs. Ada Hairston Sumner, deceased, who on July 25, 1S94, executed her last will and testament, and died on April 13, 1S99. Said will was probated on May 8, 1899: Respondent further said that the testatrix died leaving surviving her two sons and husband, and Airs. Bingham, who is alleged to be the next of kin and only living heir of Mrs. Sumner; that the two sons died after the mother's death and without issue, and the husband survived testatrix, is still living, and claims title to the property referred to in the bill of complaint to the exclusion of respondent; that Mrs. Sumner "by reason of the death of the said Percy Hairston Sumner, intestate, said intestacy resulting from the failure of the purposes of said trust, - and by reason of said intestacy her said husband inherited from her only that share of the personal property which he would be entitled to under the laws of descents and distribution, as recognized and provided for by the laws of Alabama, and to the possession of the real property for his life time, being in an estate by curtesy, the right, title or interest to the other share or part of the personal property being in Mrs. Rosemary Hairston Bingham, the defendant, and the remainder of in Martin T. Sumner, being vested in the defendant Mrs. Rosemary Hairston Bingham." See Jenkins v. Woodward Iron Co., 194 Ala. 371, 374, 69 South. 646, and Barton v. Laundry, 202 Ala. 10, 79 South. 308, for recent construction of Code, 3765. In bis answer to the cross-bill Mr. Sumner states his title to the lands as follows: "That he does in fact own the full and entire fee-simple title in and to the. said lands by inheritance from his two sons, viz...

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