Ivey v. Coleman
Supreme Court of Alabama
Appeal from Probate Court of Sumter county. Benjamin Ivey died in Sumter county, in tbe year 1858, leaving a large real and personal estate, which he disposed of by last will and testament.
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Appeal from Probate Court of Sumter county. Benjamin Ivey died in Sumter county, in tbe year 1858, leaving a large real and personal estate, which he disposed of by last will and testament. By this will, among other provisions, he made it the duty of his executors to have conveyed to Indiana, Illinois or Ohio, his negro woman Harriet, and her four children, and for this purpose, set apart the sum of $5,000. The balance of his property, after the payment of debts, he directed to be equally divided between his wife, Mary J. Ivey, and his daughter, Martha A. Ivey. This will was admitted to…
1Opinion of the CourtJudge, J.
The bill of exceptions states that, “ upon the foregoing evidences and admissions, the written vouchers on file, and no other evidence, the court rendered its final judgment.”
It is contended that the “written vouchers on file,” except those pertaining to the contested items, not being set out in the bill of exceptions, this court can not hold there was error in any of the rulings of the court below, involving questions of fact, on the ground that all the evidence upon which the court acted is not set out.
This, we think, would not be a reasonable construction of the bill of exceptions. The…
2Cases cited11 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Gould v. HayesSupreme Court of Alabama · 1851
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Smith v. Kennard'sSupreme Court of Alabama · 1863
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3Cited by9 opinions
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- Webb v. WebbSupreme Court of Alabama · 1948
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- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- McGowan v. MilnerSupreme Court of Alabama · 1915
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