Edmonds v. Cogsdill

• Decision Date: 06 June 1913
• Citation: 62 So. 691,182 Ala. 309
• Parties: EDMONDS et al. v. COGSDILL.
• Court: Alabama Supreme Court

62 So. 691

182 Ala. 309

EDMONDS et al. v. COGSDILL.

Supreme Court of Alabama

June 6, 1913

Appeal from Chancery Court, De Kalb County; W.H. Simpson Chancellor.

Bill by Mollie Cogsdill against Hattie Rogers, Pallie Edmonds, and others. Decree for complainant, and respondent Pallie Edmonds and others appeal. Affirmed in part, and reversed and remanded in part.

The original bill was filed by Mollie Cogsdill against Hattie Rogers, averring their common tenancy of certain lands not capable of a fair division without a sale, and praying for such a sale. By amendment the appellants Pallie Edmonds and others, three in number, were made parties respondent to the bill, with the added averment that they claimed some right title, or interest in a certain tract of land (added by the amendment for the division along with the original tract) by virtue of the will executed by John Edmonds; that John Edmonds owned this added tract, and occupied it as a homestead with his wife, Mary Edmonds, it being not more than 160 acres in extent and of value less than $2,000, and being all the land owned by him at the time of his death; that he died after December 13, 1892, and before May 1, 1908, leaving surviving him his said wife and no minor children, and that said widow is now deceased, and that complainant and respondent Hattie Rogers are her only heirs. The added prayer of the bill is that the will of John Edmonds be canceled, and that all the land described in the amended bill be sold for division between the complainant and the original respondent Hattie Rogers. The bill calls upon the three new respondents to bring said will into court that it may be made subject to a decree in this case. These respondents demurred to the amended bill, assigning numerous grounds which were overruled. They then filed answer making it also a cross-bill, and praying for a decree of title in their favor against Mollie Cogsdill and Hattie Rogers, and for other relief. Complainant demurred to the cross-bill, and the demurrer was sustained, and on final hearing a decree was rendered granting the relief prayed for, and from this decree and decrees on demurrers to the bill and cross-bill this appeal is prosecuted.

The codicil to the will referred to is as follows: "And I John G. Edmonds of the above for the purpose of overcoming all constitutional and statutory variance in the writing of this instrument is by me John G. Edmonds repudiated and renounced by me, it being my true intention and the only meaning of this instrument of writing to subject all of my property real and personal to the use and comfort of my beloved wife Mary E. Edmonds during her life, and at my wife's death then all of the above property described not used for the use and comfort of my beloved wife is then the property of my beloved granddaughters above mentioned, and only for them and their use and comfort, and I, John G Edmonds declare all other claims void, and I do revoke any and all premises I may have made except these written on the 11th day of February 1899, and I have called witnesses to the...