Wilks's Adm'r v. Greer
Supreme Court of Alabama
Error to the Orphans’ Court of Greene. This was a proceeding in the orphans’ court of Greene county, upon a final settlement by the plaintiff in error, as administrator of the estate of Francis Wilks, deceased.
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Error to the Orphans’ Court of Greene. This was a proceeding in the orphans’ court of Greene county, upon a final settlement by the plaintiff in error, as administrator of the estate of Francis Wilks, deceased. It appears from a bill of exceptions, that the intestate, on the 29th day of September, 1825, being possessed of two negro slaves, Cecily and Milley, by deed of that date, in consideration of natural love and affection, &c., which he bore for his two daughters, Mary T. and Martha A. Wilks, conveyed the girl Cecily to Mary, and Milley to his daughter Martha, but provides in the deed,…
1Opinion of the CourtChilton, J.
The first question which arises in this case for our consideration, is, whether the estate created by the deed from Francis Wilks to his daughters, Martha Stewart and Mary Greer, is to be considered as a gift purely, or as an advancement, or whether the deed should be construed as a testamentary paper ? An advancement is defined to be, that which is given by a father to a child, or presump*441tive heir, by anticipation of what he may inherit. 17 Mass. Rep. 358; 4 S. & R. 333; 11 Johns. R. 91. In the Distributees of Mitchell v. Mitchell, adm’r, 8 Ala. 414, the court say, when either money or…
2Cases cited4 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Banks' Adm'r. v. MarksberryCourt of Appeals of Kentucky · 1823
- Distributees of Mitchell v. Mitchell's Adm'r.Supreme Court of Alabama · 1845
3Cited by12 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Gibson v. LandSupreme Court of Alabama · 1855
- Clark v. WillsonCourt of Appeals of Maryland · 1867
- Whitworth v. HartSupreme Court of Alabama · 1853
- Bruce v. SlempSupreme Court of Virginia · 1886
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