Duckworth's Ex'rs v. Butler
Supreme Court of Alabama
Appeal from tbe Probate Court of Dallas. IN tbe matter of tbe final settlement and distribution of tbe estate of Randall Duckworth, deceased, under bis last will and testament, which was dated tbe 4th April, 1840, and which was duly admitted to probate after his death in May, 1851. In this will, the testator declared it to be his intention that his estate should be divided equally among his children; charging each with advancements made by him in his lifetime, which were…
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Appeal from tbe Probate Court of Dallas. IN tbe matter of tbe final settlement and distribution of tbe estate of Randall Duckworth, deceased, under bis last will and testament, which was dated tbe 4th April, 1840, and which was duly admitted to probate after his death in May, 1851. In this will, the testator declared it to be his intention that his estate should be divided equally among his children; charging each with advancements made by him in his lifetime, which were particularly specified. The advancements made by him to Mrs. Delphia Butler, one of his daughters, were stated in the will…
1Opinion of the CourtRice, C. J.
— The main controversy is in relation to the negroes mentioned in the deed of Mrs. Butler’s father, dated 2d November, 1844, and the money paid on account of them to Bragg. From the evidence, we believe that the negroes originally belonged to the husband of Mrs. Butler; that he mortgaged them to Bragg; tlrat they were redeemed by her father, at the request of her husband, and upon the understanding and agreement that they should be conveyed as they were conveyed by the said *166deed of November 2d, 1844; and that the redemption was effected with money either belonging to her husband, or furnished…
2Cases cited1 opinion
- Green v. HowellSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Edwards v. StateSupreme Court of Alabama · 1873
- Crosby v. HutchinsonSupreme Court of Alabama · 1875
- Wyatt v. StewartSupreme Court of Alabama · 1859
- Malone v. HundleySupreme Court of Alabama · 1875
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