Mayfield v. Cook
Supreme Court of Alabama
A bill to set aside a will by one alleging a contract with testator to make a will in his favor, alleging that the property was given to the widow and another, was not wanting in equity as to the part of the personalty bequeathed to the second legatee. Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. , Bill in equity by Eunice H. Mayfield, to set aside a will, and to invest complainant with the property therein conveyed.
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A bill to set aside a will by one alleging a contract with testator to make a will in his favor, alleging that the property was given to the widow and another, was not wanting in equity as to the part of the personalty bequeathed to the second legatee. Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. , Bill in equity by Eunice H. Mayfield, to set aside a will, and to invest complainant with the property therein conveyed. From a decree sustaining demurrer to the bill, complainant appeals. Modified in part, and The hill shows' that J. H. Ooolc and his wife, Annie Ooolc, both…
1Opinion of the CourtSomerville, J.
[1] It is thoroughly well settled thát any one who is sui juris “may, for a valuable consideration, renounce the absolute power to dispose of his estate at pleasure, and bind himself by contract to dispose of his property by will to a particular person, and that such contract may be enforced in the courts after his decease, either by an action for its breach against the personal representative, or, in a proper case, by bill in the nature of specific performance against his heirs, devisees, or personal representative.” Bolman v. Overall, ExT, 80 Ala. 451, 455, 2 South. 624, 60 Am. Rep. 107;…
2Cases cited6 opinions
- Owens v. McNallyCalifornia Supreme Court · 1896
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Manning v. PippenSupreme Court of Alabama · 1888
- Bolman v. OverallSupreme Court of Alabama · 1886
- Allen v. BrombergSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Ver Standig v. St. Louis Union Trust Co.Supreme Court of Missouri · 1939
- Wagar v. MarshburnSupreme Court of Alabama · 1941
- Cox v. HuttoSupreme Court of Alabama · 1927
13 more not listed; retrieve them via the Exa API.