Glover v. Woodward
Supreme Court of Alabama
Appeal from Probate Court, Calhouu County; Thomas W. Coleman, Jr., Judge. Petition of Katherine Glover, as an heir of the estate of George Woodward, deceased, then being administered in the probate court by A. B. Sawyer as administrator, to charge Andrew Woodward with an advancement of 20 acres of land as equivalent to his portion or share in the estate. From a decree denying the petition, petitioner appeals. The court erred in excluding the deed as evidence.
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Appeal from Probate Court, Calhouu County; Thomas W. Coleman, Jr., Judge. Petition of Katherine Glover, as an heir of the estate of George Woodward, deceased, then being administered in the probate court by A. B. Sawyer as administrator, to charge Andrew Woodward with an advancement of 20 acres of land as equivalent to his portion or share in the estate. From a decree denying the petition, petitioner appeals. The court erred in excluding the deed as evidence. Sections 1 and 4289, Code 1907. If the court had proceeded to charge the land as an advancement, the title would have been perfected. -…
1Opinion of the CourtMcCLELLAN, J.
The issue in contest was whether an “advancement” had been made by George Woodward to tbe wife of (and on account of) his son Andrew Woodward, with in the rule of our statute governing that subject. Code, § 3767 et seq. Twenty acres of land, owned by George Woodward in his lifetime, was asserted to be the advancement chargeable against the share of Andrew in his father’s estate. The instrument relied on purported to be a deed from George to Andrew’s wife. . It was wholly void as a conveyance of the title because George Woodward could not write his name, and only one witness who could and did…
2Cases cited3 opinions
- Grey's Heirs v. Grey's Adm'rsSupreme Court of Alabama · 1853
- Fennell v. HenrySupreme Court of Alabama · 1881
- Henderson v. KirklandSupreme Court of Alabama · 1899
3Cited by1 opinion
- Dent v. FoySupreme Court of Alabama · 1923