Bolman v. Overall
Supreme Court of Alabama
Appeal from tbe Ubancery Court of Mobile. Heard before tbe Hon. Thos. W. Coleman. Tbe bill in this case was filed on tbe 6tb November, 1886, by Mrs. Louisa Bolman,' and ber daughters, against G. Y. Overall, as executor of tbe last will and testament of Mrs. Augusta Lobman, deceased, and the devisees and legatees under ber will; and sought to establish, as a contract founded on valuable consideration, a former testamentary paper executed by Mrs. Lobman in favor of the…
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Appeal from tbe Ubancery Court of Mobile. Heard before tbe Hon. Thos. W. Coleman. Tbe bill in this case was filed on tbe 6tb November, 1886, by Mrs. Louisa Bolman,' and ber daughters, against G. Y. Overall, as executor of tbe last will and testament of Mrs. Augusta Lobman, deceased, and the devisees and legatees under ber will; and sought to establish, as a contract founded on valuable consideration, a former testamentary paper executed by Mrs. Lobman in favor of the complainants, and to enforce a trust on ber property according to its terms. Mrs. Lobman died in October, 1886, and ber will…
1Opinion of the CourtSomerville, J.
In Bolman v. Overall, 80 Ala. 451, we decided, that the paper executed by Mrs. Lohman on December 1st, 1881, in the form of a will, and delivered by *171her to Mrs. Bolman, might constitute an irrevocable contract, binding on the separate estate of the maker, or testatrix, provided such estate should be proved to be equitable, and not statutory. The bill being one in the nature of specific performance, to enforce a trust created by contract, and Mrs. Lohman, the testatrix, being a married woman, she could not bind her statutory separate estate, so as to charge it by such a contract.
The only…
2Cases cited9 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Patterson v. KickerSupreme Court of Alabama · 1882
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3Cited by3 opinions
- Robert Marye & Co. v. RootSupreme Court of Florida · 1891
- Darden v. Gerson & WinterSupreme Court of Alabama · 1890
- Graham v. GrahamSupreme Court of Alabama · 1921