Fuller's Adm'r v. Fuller
Supreme Court of Alabama
Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 29th February, 1856, by Alfred Fuller, against his sons, John B. and ¥m. Fuller, and others ; and sought the cancellation of a deed, on the grounds of fraud, duress, and undue influence.
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Appeal from the Chancery Court of Perry. Heard before the Hon. James B. Clark. The bill in this case was filed on the 29th February, 1856, by Alfred Fuller, against his sons, John B. and ¥m. Fuller, and others ; and sought the cancellation of a deed, on the grounds of fraud, duress, and undue influence. The deed was dated the 26th day of March, 1855, and was as follows : “State of Alabama, Perry County, ) Know all men by these presents, j that I, Alfred Fuller, of the county and State above written, for and in consideration of the love and affection which I have for my legal children, or…
1Opinion of the CourtA. J. Walkeb, C. J.
The important question of this case is, whether the evidence is such as to justify a decree setting aside the deed of Alfred Fuller, made on the 26th March, 1855. This deed, upon a nominal consideration, conveys to the children of the grantor “begotten in lawful wedlock” all the grantor’s property, real and personal, reserving to him, the right to the possession of the property during his life, but subject to the restriction, that all increase and income, beyond an ample and comfortable support for himself and family, should be incorporated with the corpus of the estate. The grantor had two…
2Cases cited5 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Whelan v. WhelanNew York Supreme Court · 1824
- Taylor Ex Rel. Walker v. TaylorSupreme Court of the United States · 1850
- Thompson v. LeeSupreme Court of Alabama · 1857
- Pool's Heirs v. Pool'sSupreme Court of Alabama · 1859
3Cited by6 opinions
- Frame v. ThormannWisconsin Supreme Court · 1899
- Willey v. WilleyWashington Supreme Court · 1900
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Smith v. GoldsmithSupreme Court of Alabama · 1931
- Brand v. StateAlabama Court of Appeals · 1941
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