Hilliard v. Binford's Heirs
Supreme Court of Alabama
Writ of Error to the Circuit Court of Limestone. The plaintiffs in error filed their petition, setting forth that the female petitioner was the wife of the intestate, Binford, who died in the year 1835; at the time of his death and previously, the intestate resided in Limestone, and died seized and possessed of a tract of land situate in that county, which the petitioners particularly describe, and alledge to be the place of his residence: Further, that intestate left two…
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Writ of Error to the Circuit Court of Limestone. The plaintiffs in error filed their petition, setting forth that the female petitioner was the wife of the intestate, Binford, who died in the year 1835; at the time of his death and previously, the intestate resided in Limestone, and died seized and possessed of a tract of land situate in that county, which the petitioners particularly describe, and alledge to be the place of his residence: Further, that intestate left two children, who are his only heirs, viz: a son named Alexander, of whom Addison Binford is guardian, and a daughter named…
1Opinion of the CourtCollier, C. J.
The act of 1806 makes it indispensable to the validity of a will which disposes of real estate, that it should “ signed by the testator or testatrix, or by some person in his or her presence, and by his, or her direction, and attested by three or more respectable witnesses, subscribe *982ing their names thereto, in the presence of such devisor/’— [Clay’s Dig. 596-7, § 1.] After providing the essential constituents of a nuncupative will, the same statute, enacts that “ no probate of any nuncupative will shall be taken, or letters testamentary granted thereon, till after the expiration of…
2Cases cited7 opinions
- McLeod v. McDonnelSupreme Court of Alabama · 1844
- Van Orden v. Van OrdenNew York Supreme Court · 1813
- Boyett v. KerrSupreme Court of Alabama · 1844
- Jackson ex dem. Loucks v. ChurchillNew York Supreme Court · 1827
- Shields v. AlstonSupreme Court of Alabama · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- House v. Cullman CountySupreme Court of Alabama · 1992
- Medlin v. CrosbySupreme Court of Alabama · 1991
19 more not listed; retrieve them via the Exa API.