Legal Opinion

Craft v. Moon

Supreme Court of Alabama

Decided April 5, 1917No. 8 Div. 998PublishedCited by 4 opinions

Appeal from Chancery Court, Madison County; James E. Horton', Jr., Chancellor. Bill by Mary J. Graft against J. P. Moon and others, to declare an instrument a will, or, if found not to be a will, to declare the instrument void and canceled as a deed; also to declare a lease void and canceled, and have same surrendered. From a decree dismissing the bill complainant appeals.

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Appeal from Chancery Court, Madison County; James E. Horton', Jr., Chancellor. Bill by Mary J. Graft against J. P. Moon and others, to declare an instrument a will, or, if found not to be a will, to declare the instrument void and canceled as a deed; also to declare a lease void and canceled, and have same surrendered. From a decree dismissing the bill complainant appeals. The instrument directed to be set out is as follows: “Know all men by these presents, that I, Mary J. Craft, for and in consideration of the love and affection which I bear towards J. P. Moon, Jr., and his wife, L. M. Moon,…

1Opinion of the CourtMayfield, J.

Two questions which will control the disposition of this case are: First, is the particular instrument in question (which the reporter will set out) a deed or a will; second, if a deed, is. it void or voidable because procured by undue influence, and was there consideration sufficient to support it as a conveyance of land?

[1, 2] The intention of the maker is the ultimate object of the inquiry to determine whether a given document is a deed or a will; as to whether it is intended to be ambulatory and revocable or to create rights and interests at the time of its execution. If it cannot be…

2Cases cited14 opinions

  1. Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
  2. Sharp v. HallSupreme Court of Alabama · 1888
  3. Crocker v. SmithSupreme Court of Alabama · 1891
  4. Hawthorne v. JenkinsSupreme Court of Alabama · 1913
  5. Golding v. Golding's Adm'rSupreme Court of Alabama · 1854

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Self v. SelfSupreme Court of Alabama · 1925
  2. Gunter v. FrixSupreme Court of Alabama · 1957
  3. Pugh v. PerrymanSupreme Court of Alabama · 1952
  4. Rucker v. MorganCourt of Civil Appeals of Alabama · 1996

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