Dunn v. Bank of Mobile
Supreme Court of Alabama
This cause comes here by writ of error from the Chancery Court, sitting at Cahawba. The plaintiffs in error were complainants below in their Among other things, they state, that on the fourth of March 1833, Christian N. Sims, the mother of Mrs Du executed and recorded in the office of the Ck Court of Dallas, gave to her daughter, and to i daughter, then in life, and thereafter to be born]? and other property.
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This cause comes here by writ of error from the Chancery Court, sitting at Cahawba. The plaintiffs in error were complainants below in their Among other things, they state, that on the fourth of March 1833, Christian N. Sims, the mother of Mrs Du executed and recorded in the office of the Ck Court of Dallas, gave to her daughter, and to i daughter, then in life, and thereafter to be born]? and other property. It is further stated, that Mrs. Sims, on the 9th of September, 1833, made and executed her last will and testament, by which she bequeathed to Mrs. Dunn, and her children, sundry slaves…
1Opinion of the CourtCollier, C. J.
— First: Neither the paper, which has been designated as a deed of gift, nor the will of Mrs. Sims, invest her daughter, with.a separate estate for life, or any other period in th.e property conveyed by them. In Lamb v. Wragg & Stewart, 8 Porter’s Rep. 73. it was held,‘that where property is given or bequeathed to a married-woman, without any qualification of the manner in which it is to'be possessed or enjoy- • ed, it will vest subject-do the ordinary legal and marital rights of the husband. But,'if there’be,a fairly and -clearly, expressed intention of the donor, that the wife Shall have an…
2Cases cited1 opinion
- Claflin v. PerryMassachusetts Supreme Judicial Court · 1815
3Cited by37 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- 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
- Lyon v. PowellSupreme Court of Alabama · 1884
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