Blacksher Co. v. Northrup
Supreme Court of Alabama
Appeal from Monroe Law and Equity Court. Heard before Hon. H. H. McClelland, Special Judge Bill by Mary S. Nortkup against tbe Blacksher Company and others to sell lands owned jointly. . Decree overruling demurrer to the hill and certain of the respondents appeal. As amended, the hill alleges: That Dr. J. W. Shomo died leaving certain heirs named.
Read the full summary
Appeal from Monroe Law and Equity Court. Heard before Hon. H. H. McClelland, Special Judge Bill by Mary S. Nortkup against tbe Blacksher Company and others to sell lands owned jointly. . Decree overruling demurrer to the hill and certain of the respondents appeal. As amended, the hill alleges: That Dr. J. W. Shomo died leaving certain heirs named. That at the time of his death he was seised and possessed of a considerable quantity of real estate and personal property, situated in Monroe county, Ala., describing the real estate. That said Shomo left a last will and testament, by which he…
1Opinion of the CourtAnderson, J.
While impressed with the logic and reasoning of the argument of appellants.’ counsel, to the effect that the formalities as to the execution of wills as contained in section 6172 of the Code of 1907 apply only to wills which devise real or personal property, and are not essential as to wills appointing an executor or guardian; that a will devising property, though not executed according to the statute, may be invalid as a devise or bequest of property, and yet may be a valid will for other purposes, under the common law, and entitled to probate and proof, and is operative to the extent to…
2Cases cited20 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Daniel v. HillSupreme Court of Alabama · 1875
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Barry v. WalkerSupreme Court of Florida · 1931
- Boyles v. GreshamTexas Supreme Court · 1954
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- Morris v. MorrisSupreme Court of North Carolina · 1956
15 more not listed; retrieve them via the Exa API.