McAlister v. Butterfield
Indiana Supreme Court
APPEAL from the Morgan Common Pleas. Suit by Ereelove McAlister and her husband, James Mc-Alister, Joanna Breedlove and her husband, Thomas J. Breedlove, said Ereelove and' Joanna being daughters of John Butterfield, Sen., deceased, against John íí. (xregory, executor of the last will of said decedent, and the other heirs and devisees of said John Butterfield, Sen.
Read the full summary
APPEAL from the Morgan Common Pleas. Suit by Ereelove McAlister and her husband, James Mc-Alister, Joanna Breedlove and her husband, Thomas J. Breedlove, said Ereelove and' Joanna being daughters of John Butterfield, Sen., deceased, against John íí. (xregory, executor of the last will of said decedent, and the other heirs and devisees of said John Butterfield, Sen. The complaint alleges, that the decedent died, testate, seized and possessed of real and personal estate of the probable value of twenty-five thousand dollars, and leaving surviving him the defendant,Amanda Butterfield, (his…
1Opinion of the Court
Elliott, O. J.
The error assigned is, that the court erred in sustaining the demurrer to the complaint.
The question presented in the case arises on the fifth clause of the will, in which the testator charges his daughter Ereelove with twenty-one hundred dollars, and his daughter Joanna with sixteen hundred dollars, as having-been received by them from him prior to the execution of the will. It is alleged in the complaint, that Ereelove had ■ only received the sum of three hundred dollars, and that Joanna had received no advancement whatever. The object of the complaint is to reform the will,…
2Cases cited4 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
- Bond's Appeal from ProbateSupreme Court of Connecticut · 1862
- Judy v. WilliamsIndiana Supreme Court · 1851
3Cited by15 opinions
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Faught v. FaughtIndiana Supreme Court · 1884
- Judy v. GilbertIndiana Supreme Court · 1881
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
- Buchanan v. HunterSupreme Court of Iowa · 1914
10 more not listed; retrieve them via the Exa API.