Legal Opinion

Borum v. King's Adm'r

Supreme Court of Alabama

Decided June 15, 1861PublishedCited by 2 opinions

Appbau from, .the Chancery Court of Macon. Heard before the Hon. James B. Olauic. The bill in-.this case was filed by William B. Borum* against the personal representative of his maternal grandfather, William.-King,.¡deceased ; and sought to enforce the specific execution of a trust, created by a deed of which the following is. a copy: - “State of Georgia, > Know all men- by these presents, Harris county. > that I, William' King, of the State and‘county aforesaid, for'and on…

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Appbau from, .the Chancery Court of Macon. Heard before the Hon. James B. Olauic. The bill in-.this case was filed by William B. Borum* against the personal representative of his maternal grandfather, William.-King,.¡deceased ; and sought to enforce the specific execution of a trust, created by a deed of which the following is. a copy: - “State of Georgia, > Know all men- by these presents, Harris county. > that I, William' King, of the State and‘county aforesaid, for'and on account of the relationship-and--love that I have,for my grandson, William Benjamin Borum, do, by these presents, give…

1Opinion of the CourtA. J. Walker, C. J.

We think it is clear that the decision of the chancellor was correct. Love and afiection for a grandson is not a valuable consideration, a.s we decided in Kinnebrew v. Kinnebrew, 35 Ala. 628. The deed of William King was, therefore, purely voluntary. The deed *609did not convey the legal title to the note therein described. Supposing the common law to. have prevailed in Georgia, where the deed was executed, the note not having been delivered, an endorsement on the paper itself, or at least on one attached to it, was necessary to transfer the legal title. Hall v. P. & M. Bank of Mobile, 6 Ala.…

2Cases cited3 opinions

  1. Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
  2. Crompton v. VasserSupreme Court of Alabama · 1851
  3. Hull v. Planters & Merchants Bank of MobileSupreme Court of Alabama · 1844

3Cited by2 opinions

  1. Walker v. CrewsSupreme Court of Alabama · 1882
  2. Moore v. ThorpSupreme Court of Rhode Island · 1889

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