Legal Opinion

Morris v. Lewis'

Supreme Court of Alabama

Decided June 15, 1858PublishedCited by 1 opinion

Appeal from the Chancery Court of Russell. Heard before the Hon. James B. Clark. This bill was filed by Leonora P. Morris, an infant suing by her next friend, against the executrix of Pearce A Lewis, deceased, who was the complainant’s grandfather; and sought the specific execution of a contract, entered into between said Lewis and the complainant’s father, the material stipulations of which, as alleged in the bill, were these: In 1843, shortly after the death of the…

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Appeal from the Chancery Court of Russell. Heard before the Hon. James B. Clark. This bill was filed by Leonora P. Morris, an infant suing by her next friend, against the executrix of Pearce A Lewis, deceased, who was the complainant’s grandfather; and sought the specific execution of a contract, entered into between said Lewis and the complainant’s father, the material stipulations of which, as alleged in the bill, were these: In 1843, shortly after the death of the complainant’s mother, who was a daughter of said Lewis, (complainant being her only surviving child,) “ said Lewis proposed to…

1Opinion of the CourtWalker, J.

—Upon the two propositions, that the agreement alleged in the bill was altogether voluntary, and that such agreement will not be executed, the chancellor based the conclusion, that the bill was wanting in equity, and dismissed it. We proceed to give the reasons, which induce us to adopt those two propositions, and to concur with the chancellor in his conclusion.

*55The averments of the hill disclose no consideration for the agreement of Lewis to give the complainant a child’s part of his estate, unless a consideration is indicated in the proposition made my Lewis, the grand-father, which, being…

2Cases cited4 opinions

  1. Forward v. ArmsteadSupreme Court of Alabama · 1847
  2. Kirksey v. KirkseySupreme Court of Alabama · 1845
  3. Evans v. BattleSupreme Court of Alabama · 1851
  4. Pinckard v. Pinckard's HeirsSupreme Court of Alabama · 1853

3Cited by1 opinion

  1. G. A. Crancer Co. v. CombsNebraska Supreme Court · 1914

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