Jackson v. Baker

2 Citing cases

  1. Shirley v. Dawkins

    No. 1200706 (Ala. Jun. 24, 2022)

    In fact, unless a contrary intention is stated in a will, the provision for a division 'equally' or 'share and share alike' between or among two or more persons means per capita and not per stirpes. Jackson v. Baker, [207 Ala. 519,] 93 So. 469 (Ala. 1922) (stating that utilizing the phrase '"equally" divided between the devisees and legatees therein named and that they shall take "per capita" excludes all idea of an intention by the testator that any of them should take per stirpes, and to so hold would violate the plain letter of the will as well as the only reasonable intention to be gathered from the language used'). There is no ambiguity in the instant case.

  2. Lee v. Moxley

    286 Ala. 134 (Ala. 1970)   Cited 3 times

    The same rule applies where a devise or bequest is made to a person and the children of another person, or to a person as standing in a certain relation to the Testator, and the children of another standing in the same relation, as to "My son A and the children of my son B," in which case A takes only a share equal to that of the children of B, though it may be conjectured that the Testator had a distribution according to the statute in his view. Guesnard v. Guesnard, 173 Ala. 250, 55 So. 524; Smith v. Ashurst, 34 Ala. 208; Howard v. Howard's Adm'rs., 30 Ala. 391; Jackson v. Baker, 207 Ala. 519, 93 So. 469; Taylor v. Cribbs, 174 Ala. 217, 56 So. 952; 96 C.J.S. Wills ยงยง 707, 708, 709, 710, 714, 715, and 716. Ben H. Lightfoot, Luverne, Martin, Balch, Bingham, Hawthorne Williams,, Montogmery, for appellees.