Craft v. Moon
Supreme Court of Alabama
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
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Sharp v. HallSupreme Court of Alabama · 1888
- Crocker v. SmithSupreme Court of Alabama · 1891
- Hawthorne v. JenkinsSupreme Court of Alabama · 1913
- Golding v. Golding's Adm'rSupreme Court of Alabama · 1854
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Self v. SelfSupreme Court of Alabama · 1925
- Gunter v. FrixSupreme Court of Alabama · 1957
- Pugh v. PerrymanSupreme Court of Alabama · 1952
- Rucker v. MorganCourt of Civil Appeals of Alabama · 1996