Sharp v. Hall
Supreme Court of Alabama
Appeal from the Probate Court of Colbert. Tried before the Hon. John A. Steele. In the matter of the probate of a written instrument, wliich was propounded by Mrs. Julia M. Hall, as the last will and testament of Mrs. Anne E. Hornsby, deceased, and which was contested by Geo. A. Sharp and others, heirs at law of said decedent.
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Appeal from the Probate Court of Colbert. Tried before the Hon. John A. Steele. In the matter of the probate of a written instrument, wliich was propounded by Mrs. Julia M. Hall, as the last will and testament of Mrs. Anne E. Hornsby, deceased, and which was contested by Geo. A. Sharp and others, heirs at law of said decedent. The instrument was signed by Mrs. Hornsby, under seal, attested by J. J. Davis as a subscribing witness, and also by J. T. Kirk on an acknowledgment of her signature made in his presence on the 23d February, 1886; and in the following words: “The State of Alabama,…
1Opinion of the CourtStone, C. J.
There are few, if any questions, less clearly defined in the law-books, than an intelligible, uniform test, by which to determine when a given paper is a deed, and when it is a will. Heeds, once executed, are irrevocable, unless such power is reserved in the instrument. Wills are always revocable, so long as the testator lives, and retains testamentary capacity. Heeds take effect by delivery, and are operative and binding during the life of the grantor. Wills are ambulatory during the life of the testator, and have no effect until his death. Out of this has grown one of the tests of…
2Cases cited15 opinions
- Daniel v. HillSupreme Court of Alabama · 1875
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Robinson v. SchlySupreme Court of Georgia · 1849
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
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3Cited by53 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Graves v. WheelerSupreme Court of Alabama · 1913
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Morgan v. StateSupreme Court of Alabama · 1889
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