Marsh v. Rogers
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; W. J. Martin, Judge. Proceeding by Plorilla Rogers to probate an alleged will of Julia J. Marsh, deceased, contested by Lee Marsh and others. Prom a decree admitting the will to probate, contestants appeal. The following is the paper directed to be set out, which was admitted to probate as the lagt will and testament: Deed. (Julia J. Marsh to H. H. Marsh.) The State of Alabama, Blount County.
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Appeal from Circuit Court, Blount County; W. J. Martin, Judge. Proceeding by Plorilla Rogers to probate an alleged will of Julia J. Marsh, deceased, contested by Lee Marsh and others. Prom a decree admitting the will to probate, contestants appeal. The following is the paper directed to be set out, which was admitted to probate as the lagt will and testament: Deed. (Julia J. Marsh to H. H. Marsh.) The State of Alabama, Blount County. Know all men by these presents, that for and in consideration of the love and affection I have for H. H. Marsh and my daughter Plorilla Marsh, and the further…
1Opinion of the CourtAnderson, C. J.
[1] The instrument in question (which will bo set out by'the reporter) is in form a deed, has every earmark of one, and is unquestionably a deed, and not a testamentary document. There is no effort to postpone the operation of same until the death of the grantor, and the interest conveyed is not posthumous. Graves v. Wheeler, 180 Ala. 412, 61 South. 341; Mays v. Burle son, 180 Ala. 396, 61 South. 75; Elmore v. Mustin, 28 Ala. 309; Sharp v. Hall, 86 Ala. 110, 5 South. 497, 11 Am. St. Rep. 28; Phillips v. Phillips, 186 Ala. 545, 65 South. 49, Ann. Cas. 1916D; 994. The reservation by the grantor…
2Cases cited5 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Graves v. WheelerSupreme Court of Alabama · 1913
- Elmore v. MustinSupreme Court of Alabama · 1856
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Mays v. BurlesonSupreme Court of Alabama · 1913
3Cited by5 opinions
- Self v. SelfSupreme Court of Alabama · 1925
- Stoutenburg v. StoutenburgAppellate Division of the Supreme Court of the State of New York · 1943
- Hudson v. deLavalSupreme Court of Alabama · 1980
- Perez v. StillSupreme Court of Alabama · 1929
- Franklin v. Georgia Casualty Co.Supreme Court of Alabama · 1932