Whitworth v. Hart
Supreme Court of Alabama
Error to the Chancery Court of Monroe. Heard before the Hon. J. W. Leseshe. This bill was filed by the defendants in error, as heirs and next of kin of Matthew Bradley, deceased, against Albert B. Mitchell, his executor, and Margaret J. Whitworth, late his widow, and her subsequent husband, Isaac D. Whitworth, to set aside the will of the said Bradley, by reason of his unsoundness of mind at the time it was made, and for an account and distribution of his estate.
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Error to the Chancery Court of Monroe. Heard before the Hon. J. W. Leseshe. This bill was filed by the defendants in error, as heirs and next of kin of Matthew Bradley, deceased, against Albert B. Mitchell, his executor, and Margaret J. Whitworth, late his widow, and her subsequent husband, Isaac D. Whitworth, to set aside the will of the said Bradley, by reason of his unsoundness of mind at the time it was made, and for an account and distribution of his estate. Answers were put in, and an issue devisavit vel non was awarded and tried at law, and a verdict of a jury had against the will,…
1Opinion of the Court
CHILTON, 0. J.
The Chancellor decided, that the negro boy, Bill, and the woman, Binah, and her six children were the property of the estate of Matthew Bradley, and did not belong to his widow, Margaret. It is insisted by the counsel for the plaintiffs in error, that this was erroneous. In order to arrive at a correct understanding of the nature of the title, we state the facts in relation to them.
Margaret Bradley died in 1826, and by her will bequeathed these slaves to Matthew Bradley for life, and at his death to David Mitchell, who is the father of Mrs. Whitworth, and who died in 1840,…
2Cases cited2 opinions
- Wilks's Adm'r v. GreerSupreme Court of Alabama · 1848
- Godwin v. McGeheeSupreme Court of Alabama · 1851
3Cited by18 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Key v. JonesSupreme Court of Alabama · 1875
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- Flinn v. BarberSupreme Court of Alabama · 1879
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