Gelbke v. Gelbke
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This action was brought by Louisa Gelbke, an infant, suing by next friend, against Mrs. Maria Gelbke, tó recover the possession of a house and lot in Mobile; and was commenced on the 6th May, 1889. The house and lot had belonged to Frederick L. Gelbke, deceased, who was the father of the plaintiff, and the husband of the defendant; and the only question in the case was, whether the property passed…
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarke. This action was brought by Louisa Gelbke, an infant, suing by next friend, against Mrs. Maria Gelbke, tó recover the possession of a house and lot in Mobile; and was commenced on the 6th May, 1889. The house and lot had belonged to Frederick L. Gelbke, deceased, who was the father of the plaintiff, and the husband of the defendant; and the only question in the case was, whether the property passed to the defendant under his will, or descended to the plaintiff as his sole heir at law. By the terms of the will, which…
1Opinion of the CourtSomeeville, J.
We fully concur with the Circuit Court in the view, that the codicil to the will in question did not operate to revoke the testator’s will bearing date March 27th, 1885. This codicil .was dated March 30th, 1885 — three days after the will — and was in the following words: “As codicil to the foregoing last will and testament, and to be taken as a part thereof, I, Frederick Louis Gelbke, hereby declare that I hereby revoke and annul all wills by me heretofore made, and especially that executed in New Orleans, State of Louisiana, whilst temporarily there during the late civil war, in 1860 or…
2Cited by2 opinions
- In re a Revocation of the Letters of Administration Granted On the Estate of NokesNew York Surrogate's Court · 1911
- McGehee v. McGeheeMississippi Supreme Court · 1896