Self v. Self

The bill as amended was for a sale for division of the lands among joint owners. To a decision on demurrer it was necessary to declare the legal effect of the instrument exhibited as a part of the bill — whether it was a will or a deed.

In Henderson v. Henderson, 210 Ala. 73, 92, 97 So. 353, it is declared that, in determining whether an instrument be a deed or a will, the controlling question is: Did the maker intend any estate or interest whatever to vest before his death, and by the execution of the paper? “Or * * * did he intend that all the interest and estate should take effect only…