Elmore v. Mustin
Supreme Court of Alabama
Appeal from, the Circuit Court of Pickens. Tried before the Hon. E. W. Pettus. This action was brought by the appellants, infants suing by their next friend, against John W. Mustin, to recover three slaves and some other articles of personal property, which the plaintiffs claimed under a deed of gift from their maternal grandfather, and which were held by the defendant as his administrator.
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Appeal from, the Circuit Court of Pickens. Tried before the Hon. E. W. Pettus. This action was brought by the appellants, infants suing by their next friend, against John W. Mustin, to recover three slaves and some other articles of personal property, which the plaintiffs claimed under a deed of gift from their maternal grandfather, and which were held by the defendant as his administrator. On the trial of the cause, as the bill of exceptions states, the plaintiffs read to the jury, by consent, an agreement of counsel, in these words: “We hereby agree to go to trial, in the above entitled…
1Opinion of the CourtGoldthwaite, C. J.
The first question is, whether the instrument made by Paul Walters, in 1845, is a deed or a will. If it was intended to pass a present interest, and has the other requisites essential to its operation as a deed, it will in law be so regarded; while, on the contrary, if the interest was entirely posthumous, then it" is a will, if properly executed as such. — Adams v. Broughton, 13 Ala. 731; Golding v. Golding, 24 ib. 122; Jarman on Wills, 11. The present instrument is certainly very inartificially drawn; but we think it clear that it was intended by the maker to pass a present interest.’ This…
2Cases cited5 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Shepherd v. NaborsSupreme Court of Alabama · 1844
- Adams v. BroughtonSupreme Court of Alabama · 1848
- Dunn v. DavisSupreme Court of Alabama · 1847
- Thomason v. OdumSupreme Court of Alabama · 1853
3Cited by20 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Duncan v. De YampertSupreme Court of Alabama · 1913
- Graves v. WheelerSupreme Court of Alabama · 1913
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Mason v. Pate'sSupreme Court of Alabama · 1859
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