Erwin v. Hamner
Supreme Court of Alabama
Appeal from the Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by the appellants, as heirs-at-law and distributees of Charles R. Marshall, deceased, to establish the nuncupative will of the said decedent, which was made and published on the 4th April, 1853, during his last sickness, and was committed to writing within five days after his death.
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Appeal from the Chancery Court of Wilcox. Heard before the Hon. J. W. Lesesne. This bill was filed by the appellants, as heirs-at-law and distributees of Charles R. Marshall, deceased, to establish the nuncupative will of the said decedent, which was made and published on the 4th April, 1853, during his last sickness, and was committed to writing within five days after his death. By this testament, after giving a specific legacy of several slaves to an adopted daughter, said decedent directed the balance of his property, which excéeded $500 in value, “ to be equally divided among his people.”…
1Opinion of the CourtG-Oldthwaite, J.
The bill alleges, that the testator, in April, 1853, made an unwritten will, disposing of personal property of a greater amount in value than five hundred dollars ; and its object is to establish this will, on the ground that, at the time it was made, the testator was ignorant of the change made by the Code in the law of nuncupative wills, and that the ignorance of such change was occasioned by circumstances beyond his control which rendered the promulgation of the new law ineffectual as to him.
By reference to the Code (§§ 1611, 1615), it will be seen that real estate cannot pass by will,…
2Cases cited2 opinions
- State v. ClickSupreme Court of Alabama · 1841
- The AnnU.S. Circuit Court for the District of Massachusetts · 1812
3Cited by1 opinion
- Schwartz v. StateSupreme Court of Alabama · 1861