Manning v. Pippen
Supreme Court of Alabama
Appeal from tbe Chancery Court of Pickens. Heard before the Hon. Wst. H. Tayloe. The facts of this case are fully stated in the opinion of the court, and in the former report (86 Ala. 357-64), and no further statement is necessary. On final hearing, on pleadings and proof, the chancellor dismissed the bill: and his decree is assigned as error. (1.) The promise to make a will is clearly proved.
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Appeal from tbe Chancery Court of Pickens. Heard before the Hon. Wst. H. Tayloe. The facts of this case are fully stated in the opinion of the court, and in the former report (86 Ala. 357-64), and no further statement is necessary. On final hearing, on pleadings and proof, the chancellor dismissed the bill: and his decree is assigned as error. (1.) The promise to make a will is clearly proved. That promise was a valuable consideration, and proof of it was admissible notwithstanding the recitals of the deed. — Manning v. Pip-pen, 86 Ala. 357. (2.) A promise to do a thing by will is not within…
1Opinion of the CourtThoeington, J.
Tbe bill in tliis cause was filed by appellant against tbe appellees, as tbe lieirs at law of tbeir mother, Mrs. Mattie E. Manning, and seeks relief from tbe effects of a deed executed by appellant to tbe mother of appellees under tbe following circumstances:
In 1868, appellant, who was without children, intermarried with Mattie 0. Atkinson, a widow with two minor children, John and Minnie F. Atkinson, and during that year conveyed to Jeptba Sterling, as trustee for bis wife, a certain tract of land then owned by him, containing about twelve hundred acres. Tbe consideration recited in tbe deed…
2Cases cited8 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Patton v. BeecherSupreme Court of Alabama · 1878
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- White v. FarleySupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Smith v. SmithSupreme Court of Alabama · 1907
- Corley v. VizardSupreme Court of Alabama · 1919
18 more not listed; retrieve them via the Exa API.