Prater v. Miller
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. Thomas A. WalKEr. This action was commenced by summons and complaint tinder the Code.
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Appeal from the Circuit Court of Benton. Tried before the Hon. Thomas A. WalKEr. This action was commenced by summons and complaint tinder the Code. The contract declared on is as follows: “ The plaintiff claims of the defendants $1000, agreed to be paid to her by the defendants, in consideration that she and one Memory Allen and his wife Elizabeth, children and heirs-at-law of John Prater, deceased, would desist from objections which they were about to make to the probate of the last will and testament of said John Prater, the father of said defendants, who were devisees under said last will…
1Opinion of the Court
CHILTON, C. J. —
The executors of John Prater having propounded his will for probate, Mrs. Miller, the daughter and one of the heirs-at-law of the testator, employed counsel, and appeared in the Probate Court on the day set apart for proving the will, and avowed her intention of contesting it. Thereupon the appellants contracted and agreed with her, that, in consideration of her making no contest, and allowing the will to be proved as the last will and testament of her father, they would pay her the sum sued for. In conformity to the agreement, she made no contest, and now seeks to recover the…
2Cases cited1 opinion
- Holt v. RobinsonSupreme Court of Alabama · 1852
3Cited by29 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
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