56 So. 952 | Ala. | 1911
This was a proceeding in the probate court for the sale of land for division among joint owners, whose title came by devise from their common grandfather. The controversy relates solely to the quantum of interest to be awarded to the respective owners.
Item VI of the grandfather’s will is decisive of this question, and it is as follows: “VI. I will, devise and bequeath to. ray daughter Serener Copelin eighty acres of land more or less lying and being in the county and sjtaite aforesaid' and' known and described as follows to wit, the' South E.ast quarter and North West quarter of the South West quarter of. Section No. (11) Township No.-..-14 of Range 15, to have and to hold to my said dáiighter' Serener' Copelin during her natural life and at her death provided she dies without issue to be equally divided between the bodily heirs of Rosanah Fry and Margaret Jackson.” - • • • •
The personal property, being inherited from Serena Copelin, an aunt, descended to the nephews and nieces per stirpes, and as to this property the decree of the probate court was free from error. — Code 1907, §§ 3755, 3763.
For the error pointed out the decree of the probate court Avill be reversed and the cause remanded for proceedings in accordance Avith the foregoing opinion.
Reversed and remanded.