Schumaker v. Schmidt
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before Hon. A. C. Felder. George Schumaker, the appellant, and Edward Auerback, residing in Mobile, executed, on the 5th of November, 1864, the following writing: “ Know all men by these presents, that we, George Schumaker and Edward Auerback, of the city of Mobile, State of Alabama, being of sound mind and memory, considering the uncertainty of life, do make and- declare this, our last will and testament.
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Appeal from the Chancery Court of Mobile. Heard before Hon. A. C. Felder. George Schumaker, the appellant, and Edward Auerback, residing in Mobile, executed, on the 5th of November, 1864, the following writing: “ Know all men by these presents, that we, George Schumaker and Edward Auerback, of the city of Mobile, State of Alabama, being of sound mind and memory, considering the uncertainty of life, do make and- declare this, our last will and testament. First, we being friends of many years standing, and in consideration of that mutual friendship and esteem for each other, do mutually promise…
1Opinion of the CourtB. F. Saffold, J.
Was the writing between Schumaker and Auerback a compact, and not a will, or is it a will containing a compact irrevocable after its execution, or a will simply, and, therefore, revocable by a subsequent one?
The intention of the maker is the guide in construing all conveyances of property. This intention must be discovered mainly from the instrument itself, and parol testi*464mony can only be received to explain ambiguities. A writing may admit of construction, either as a deed or as a will. In such a case that interpretation should be given to it which will effect the will of the maker, and best…
2Cases cited1 opinion
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
3Cited by24 opinions
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- Bolman v. OverallSupreme Court of Alabama · 1886
- March v. HuyterTexas Supreme Court · 1878
- Cowin v. SalmonSupreme Court of Alabama · 1943
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