Allen v. Bromberg
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before ITon. Thomas H. Smith. This was a bill filed by Bromberg and others, as executors of the last will and testament of Frederick Johnston, deceased, against Edward P. Allen, the Roman Catholic bishop of Mobile, the Catholic charities, and others, and sought to enjoin the probate of a will purporting to have been the last will and testament of Mary Johnston, wife of Frederick Johnston.
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Appeal from Mobile Chancery Court. Heard before ITon. Thomas H. Smith. This was a bill filed by Bromberg and others, as executors of the last will and testament of Frederick Johnston, deceased, against Edward P. Allen, the Roman Catholic bishop of Mobile, the Catholic charities, and others, and sought to enjoin the probate of a will purporting to have been the last will and testament of Mary Johnston, wife of Frederick Johnston. The case made by the bill is that Johnston and his wife, both being over 60 years of age, and having no children, no mother and father living, and no near Idn, agreed…
1Opinion of the CourtDenson, J.
The bill in this case was filed to enjoin the probate of a will in the probate court of Mobile county, upon the allegation that its execution was in violation of a contract, made between the testatrix, and her husband, to execute similar wills, with the same executors, each in favor of the other for life, with remainder to certain public charities. The bill avers that the contract was performed upon the part of the husband who died first, and that the testatrix, his wife, accepted the benefits therefrom. It further avers that the testatrix in 1902 made a will in conformity with her contract…
2Cases cited2 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Desribes v. WilmerSupreme Court of Alabama · 1881
3Cited by30 opinions
- Stewart v. ToddSupreme Court of Iowa · 1919
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Morgan v. . SanbornNew York Court of Appeals · 1919
- Richards v. WilliamsSupreme Court of Alabama · 1936
- Allen v. BrombergSupreme Court of Alabama · 1909
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