Gillham Sisters v. Mustin
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens County. Tried before the Hon. James Cobbs. This action was brought by the appellants against the appellees; was commenced on 29th March, 1866, and was founded upon a promissory note made by the appellees, payable to one John Gillham, on 15th February, 1861. The appellants claimed title to said note by virtue of an instrument in writing, a copy of which is as follows : ■ “ The State of Alabama, 1 Pickens County. f I, John Gillham, do…
Read the full summary
Appeal from the Circuit Court of Pickens County. Tried before the Hon. James Cobbs. This action was brought by the appellants against the appellees; was commenced on 29th March, 1866, and was founded upon a promissory note made by the appellees, payable to one John Gillham, on 15th February, 1861. The appellants claimed title to said note by virtue of an instrument in writing, a copy of which is as follows : ■ “ The State of Alabama, 1 Pickens County. f I, John Gillham, do make this conditional deed of gift of all money due, or hereafter to become due to me, moved thereunto by the natural…
1Opinion of the CourtJudge, J.
The law is now too well settled to admit of controversy, that “ if an instrument be in the form of a deed of gift, and called such, still, if its purpose be testamentary, and it is only to be consummated by death,” effect will be given to it as a will, and not as a deed. — Dunn and Wife v. The Bank of Mobile, 2 Ala. 152 ; Shepherd v. Nabors, 6 Ala. 631; Thompson v. Johnson, 19 Ala. 59; Kinnebrew v. Kinnebrew, 35 Ala. 628. And “ in determining whether an instrument be a deed or will, the main question is, did the maker intend to convey any estate or interest whatever, to vest before his death,…
2Cases cited5 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Thompson v. JohnsonSupreme Court of Alabama · 1851
3Cited by16 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Sharp v. HallSupreme Court of Alabama · 1888
- Daniel v. HillSupreme Court of Alabama · 1875
- Kelly v. ParkerIllinois Supreme Court · 1899
- Crocker v. SmithSupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.