Allen v. Bromberg
Supreme Court of Alabama
Appeal from Mobile Chan eery Court. Heard before Hon. Thomas H. Smith. Bill by F. G. Bromberg and others against Edward P.. Allen, executor of the last will and testament of Mary B. Johnson, and others, to enjoin the probate by Alíen of an alleged will of' the said decedent. Decree for plaintiffs and defendants appeal. Reversed and bill dismissed.
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Appeal from Mobile Chan eery Court. Heard before Hon. Thomas H. Smith. Bill by F. G. Bromberg and others against Edward P.. Allen, executor of the last will and testament of Mary B. Johnson, and others, to enjoin the probate by Alíen of an alleged will of' the said decedent. Decree for plaintiffs and defendants appeal. Reversed and bill dismissed. To be en-forcible, a promise to devise lands must be in writing.— Manning'v. Pippin, 86 Ala. 357; s. c. 95 Ala. 538; Gould v. Mansfield, 103 Mass. 408; Swash v. Sharpstem, 32 L. R. A. 797. The simple denial of the alleged contract, the denial of…
1Opinion of the CourtSimpson, J.
This case was before this court, at a previous term, on motion to dismiss the bill, and the facts will be found fully- stated in Allen et al. v. Bromberg et al., 147 Ala. 317, 41 South. 771.
It is claimed by the appellees that the court, on that occasion, decided that the agreement by Mary B. Johnson with her husband, Frederick Johnson, to make a. certain disposition of her property .by will, was valid and binding. A reference to that case will show that the appeal was from a decree oveiTuling a motion to dismiss the bill for want of equity, and to dissolve the injunction, and a decree was…
2Cases cited22 opinions
- Edson v. . ParsonsNew York Court of Appeals · 1898
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Manning v. PippenSupreme Court of Alabama · 1888
- Bolman v. OverallSupreme Court of Alabama · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Zellner v. WassmanCalifornia Supreme Court · 1920
- Upson v. FitzgeraldTexas Supreme Court · 1937
- Stevens v. MyersOregon Supreme Court · 1918
- Canada v. IhmsenWyoming Supreme Court · 1925
- Kirk v. BeardTexas Supreme Court · 1961
19 more not listed; retrieve them via the Exa API.