Miller v. Eatman
Supreme Court of Alabama
Error to the Circuit Court of Greene. Detinue for four slaves, by the defendant in error, against the plaintiff in error.
Read the full summary
Error to the Circuit Court of Greene. Detinue for four slaves, by the defendant in error, against the plaintiff in error. Upon the trial of the cause, the plaintiff introduced an authenticated copy of the will of Stephen Bobbit, made in North Carolina, and dated 4th April, 1823, containing a clause, which was read to the jury, “ I give and bequeath to my daughter Seley Montford, one negro girl named Linsey, and a boy named Jim, a feather bed and furniture, and cow and calf, during her life, and at her decease to be equally divided between her children, to her and her heirs forever and proved,…
1Opinion of the CourtOrmond, J.
We think the principle stated in Olds v. Powell, 7 Ala. 655, governs this case. A will not published, or made known to others, would not be evidence of an intention, not to give the entire estate, because to countervail the presumption which the law makes of a gift, where property is sent home to the new married couple, the declaration of a contrary intent should be open and clear, and not left to be inferred from doubtful or ambiguous circumstances, which the donor might avail himself of, or suppress at his pleasure. But we cannot perceive how the fact, that it was written down, as well as…
2Cases cited4 opinions
- Bethea v. McCollSupreme Court of Alabama · 1843
- Boyett v. KerrSupreme Court of Alabama · 1844
- Bell v. HoganSupreme Court of Alabama · 1828
- Hill v. DukeSupreme Court of Alabama · 1844
3Cited by22 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Parsons v. BoydSupreme Court of Alabama · 1852
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Becraft v. LewisMissouri Court of Appeals · 1890
17 more not listed; retrieve them via the Exa API.