Hall v. Burkham
Supreme Court of Alabama
APPEAL from the Chancery Court of Montgomery. Heard before the Hon. HUPIOSCO Austill. William Hall, Dorion Hall, Arthur B. Hall, and Elizabeth Anderson Hall, minors, filed a bill of complaint by their next friend, John Bragg, in the Chancery Court of Montgomery county, against William B. Hall, Charles B. Burk-ham, Matthew W. Collins, Lehman, Durr & Co., and Josiah Morris & Co., to subject the real estate described therein to the trust created by an instrument executed by…
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APPEAL from the Chancery Court of Montgomery. Heard before the Hon. HUPIOSCO Austill. William Hall, Dorion Hall, Arthur B. Hall, and Elizabeth Anderson Hall, minors, filed a bill of complaint by their next friend, John Bragg, in the Chancery Court of Montgomery county, against William B. Hall, Charles B. Burk-ham, Matthew W. Collins, Lehman, Durr & Co., and Josiah Morris & Co., to subject the real estate described therein to the trust created by an instrument executed by Dorion Hall. It is in these words, viz : “ The State of Alabama, Lowndes county. Know all men by these presents, that I,…
1Opinion of the Court
MANNING, J.—
The chancellor erred in holding that the instrument on which this suit was founded, executed by Mrs. *354Dorion Hall, is of a testamentary character, and not a deed. Upon its face it purports to be a deed. Its introductory words are those almost always employed in a deed. Then, as1 it embraces all the property of Mrs. Hall which might be a cause for objection on the part of creditors,—instead of declaring herself according to the common clause in a will,— “of sound and disposing mind and memory”—she, appropriately to the situation, describes herself as “ being at this time free from…
2Cited by23 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Sharp v. HallSupreme Court of Alabama · 1888
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Graves v. WheelerSupreme Court of Alabama · 1913
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
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