Legal Opinion

Wells v. Bransford

Supreme Court of Alabama

Decided January 15, 1856PublishedCited by 4 opinions

Appeal from tbe Court of Probate of Madison. In the MATTER of the’ last will and testament of Mrs. Elizabeth H. Bransford, which was propounded for probate by the appellant, and contested by the appellee, her husband; and which gave certain slaves, eight in number, to Martha W. Pritchett and Elizabeth H. Vanhook, who were the neices of said testatrix.

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Appeal from tbe Court of Probate of Madison. In the MATTER of the’ last will and testament of Mrs. Elizabeth H. Bransford, which was propounded for probate by the appellant, and contested by the appellee, her husband; and which gave certain slaves, eight in number, to Martha W. Pritchett and Elizabeth H. Vanhook, who were the neices of said testatrix. The proponent alleged, in his application for probate, that said testatrix, at the time of her death, was the wife of Abram Bransford, the appellee, but that her will,' notwithstanding her coverture, was valid, and ought to bo admitted to…

1Opinion of the CourtRice, C. J.

It is well, settled, that where there is an agreement between husband and wife, before marriage, that she shall have to her separate use either .the whole or'particular parts of her personal property, she may dispose of it by her will, without the consent of her husband. — 2 Bright on Husband and Wife, 66, 120; Peacock v. Monk, 2 Vesey, sr., 191; Fettiplace v. Gorges, 1 Vesey, jr., 46; Rich v. Cockell, 9 Vesey, 369; Newlin v. Freeman, 1 Iredell’s Law Rep. 514. See, also, Burton v. Holly, 18 Ala. Rep. 408, in connection with Scammell v. Wilkinson, 2 East’s Rep. 552.

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2Cases cited4 opinions

  1. Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
  2. Jackson ex dem. Neilson v. M'VeyNew York Supreme Court · 1820
  3. Branch Bank at Montgomery v. ParkerSupreme Court of Alabama · 1843
  4. Burton v. HollySupreme Court of Alabama · 1850

3Cited by4 opinions

  1. Warfield v. RavesiesSupreme Court of Alabama · 1863
  2. Beem v. FarrellSupreme Court of Iowa · 1907
  3. Mosser v. Mosser'sSupreme Court of Alabama · 1858
  4. Chandler v. TorbertSupreme Court of Alabama · 1966

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