Marsh v. Marsh
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. Heard before the Hon. J. Q. Loomis. The facts of the ease are set out in the opinion. The material portion of the evidence of the witness, Burke, to which reference is made in the opinion, is as follows : * * * * * -x- -x- “ I knew William H. Pledger in his life-time; he was the father of complainant. He died some time in the year 1858, in Wilcox county.
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Appeal from the Chancery Court of Wilcox. Heard before the Hon. J. Q. Loomis. The facts of the ease are set out in the opinion. The material portion of the evidence of the witness, Burke, to which reference is made in the opinion, is as follows : * * * * * -x- -x- “ I knew William H. Pledger in his life-time; he was the father of complainant. He died some time in the year 1858, in Wilcox county. He died leaving a last will and testament, which was duly admitted to probate, in the probate court of Wilcox county, Alabama, and letters testamentary on said will were granted to said witness, by…
1Opinion of the CourtPeters, J.
In this case the allegations of the bill, which are sustained by the proofs, show that it was the avowed purpose of William H. Pledger, the father of Mrs. Marsh, the appellant, to divide certain portions of his lands among his children before his death. And it would scarcely be rational to conclude, that so far as Mrs. Marsh was interested, the daughter was not the cause and object of the-father’s bounty, instead of her husband. In effecting this purpose, the father caused his lands, which, in the language of the witness, Burke, he proposed to “ give off ” to his-children, to be appraised.…
2Cases cited4 opinions
- Griffin v. State BankSupreme Court of Alabama · 1850
- Wilson's Heirs v. Wilson's Adm'rSupreme Court of Alabama · 1850
- Rainey v. RaineySupreme Court of Alabama · 1859
- Pool v. CummingsSupreme Court of Alabama · 1852
3Cited by8 opinions
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Wilkinson v. CheathamSupreme Court of Alabama · 1871
- Clark v. HezekiahDistrict Court, E.D. Arkansas · 1885
- Becton v. SelleckSupreme Court of Alabama · 1872
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