McGuire v. President & Directors Bank of Mobile
Supreme Court of Alabama
Appeal from, the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. This was an action to recover money'brought by W. W. McGuire, as the administrator of T. Sandford, deceased, against the President and Directors of the Bank of Mobile, and was commenced on the 6th day of February, 1868. The money sought to be recovered had been deposited, in defendant’s bank by T. Sanford, in his life time.
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Appeal from, the City Court of Mobile. Tried before tbe Hon. H. Chamberlain. This was an action to recover money'brought by W. W. McGuire, as the administrator of T. Sandford, deceased, against the President and Directors of the Bank of Mobile, and was commenced on the 6th day of February, 1868. The money sought to be recovered had been deposited, in defendant’s bank by T. Sanford, in his life time. Upon his death, which oecured 1st May, 1867, George Cleveland demanded and received of the bank the money deposited therein by said T. Sanford, and claimed it by virtue of a certain instrument in…
1Opinion of the CourtJudge, J.
On the bypothesis that the instrument from Thaddeus Sanford to George Cleveland was established by competent testimony, it is contended that it constituted nc bar to the plaintiff’s recovery, for the reason that the instrument is not a deed, but a will.
It is certainly true tbat an instrument wbieb conveys no interest or estate tbat is to vest upon its execution, and before the death of the maker, but which .is to depend upon the event of death to consummate it, can only be executed as a will, no matter what may be its form, nor what it may be called. But such is not the character of the…
2Cases cited1 opinion
- Tannis v. Doe ex dem. St. CyreSupreme Court of Alabama · 1852
3Cited by3 opinions
- Whitsett v. BelueSupreme Court of Alabama · 1911
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Rice's Adm'r v. RiceSupreme Court of Alabama · 1880