Welsh v. Pounders
Supreme Court of Alabama
Appeal from the Probate Court of Franklin. In the matter of the last will and testament of Ann Thomas, deceased, which was propounded for probate by James H. Welsh and Sarah Aim Elizabeth, his wife, (formerly Sarah Ann Elizabeth Hamilton,) and was contested by Alfred Pounders and Mildred M., his wife.
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Appeal from the Probate Court of Franklin. In the matter of the last will and testament of Ann Thomas, deceased, which was propounded for probate by James H. Welsh and Sarah Aim Elizabeth, his wife, (formerly Sarah Ann Elizabeth Hamilton,) and was contested by Alfred Pounders and Mildred M., his wife. The will was dated the 10th May, 1851, and contained but two clauses; one devising a tract of land, which was particularly described, to Sarah Ann Elizabeth Hamilton and Mary Susan Hamilton ; and the other bequeathing ten dollars to Mildred M. Pounders. The due execution and attestation of this…
1Opinion of the CourtA. J. Walker, C. J.
The will in this ease was ex-, ecuted before the adoption of the Code, but the testatrix died afterwards. A deed, made by the testatrix in 1856, after the Code went into operation, conveyed to a purchaser the land devised by one of tbe clauses of the will, and the purchase-money is unpaid. The effect of that deed, in reference to the revocation of the devise, must be determined by the Code, which was the law at the time of its execution.
[2.] Section 1602 of the Code so clearly defines the effect of the deed, that argument cannot be necessary on the point. It does not appear by the contract…
2Cases cited1 opinion
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
3Cited by8 opinions
- Moore v. SpierSupreme Court of Alabama · 1885
- Sims v. MooreSupreme Court of Alabama · 1972
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- Douglas v. NewellWyoming Supreme Court · 1986
- Slaughter v. StephensSupreme Court of Alabama · 1886
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