Hoffman v. Hoffman
Supreme Court of Alabama
Appeal from the Court of Probate of Macon.. 'Lsr the matter of the last will and testament of Jacob Hoffman, deceased, which was propounded for probate by the ap-pellees, and contested by the appellant.
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Appeal from the Court of Probate of Macon.. 'Lsr the matter of the last will and testament of Jacob Hoffman, deceased, which was propounded for probate by the ap-pellees, and contested by the appellant. The paper propounded for probate was dated the — day of January, 1848, and was attested by two witnesses, who attested it at different times, and not in the presence of each other ; and the testator died on the 15th February, 1853. The court charged the jury, in substance, that under these facts the will was valid as to the personalty, and invalid as to the realty; and to this charge the…
1Opinion of the CourtGoldthwaite, J.
—The legal questions presented for our determination arise upon these facts : In January, 1848, Jacob Hoffman executed a paper purporting to be his last will, by which he bequeathed one third of all his property, real and personal, to his wife for life, and at her death to certain of his children who are named in the instrument; and the remaining two thirds of his property to be equally divided among certain of Iris children, who are also named. There are other provisions, which it is unnecessary to notice, as they have no bearing on the points involved. The writing has an attestation clause,…
2Cases cited4 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
- Mullock v. SouderSupreme Court of Pennsylvania · 1843
3Cited by17 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
- Moore v. SpierSupreme Court of Alabama · 1885
- People's Loan & Exchange Bank v. GarlingtonSupreme Court of South Carolina · 1899
- Ritchey v. JonesSupreme Court of Alabama · 1923
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