ENBetts et al. v. Betts
Metadata
Case Number: 2719
Location: SC00091
Court Term: 1851 January
Catalog Record: http://archives-alabama-primo.hosted.exlibrisgroup.com/01ALABAMA:default_scope:01ALABAMA_ALMA215682820002743
Collection Creator: Alabama. Supreme Court
Description: The name of the case written on the manuscript record is Gunn et al. v. Betts. This case is summarized in Alabama Reports, volume 18, pages 787 through 793. Excerpt from the report: The material allegations of this bill may be thus stated: On the 29th of October 1827, Moses Walker, tile father of complainant, executed an instrument in writing, which purports to convey to his sons, Josiah and Alexander Walker, all the property, both real and personal, that should come to or be vested in the complainant, (then the wife of Dr. Ambrose Nelson,) either as one of his distributees or legatees, to be held by them in trust for the sole and separate use of the complainant, during her natural life, free from the debts contracts or control of her then, or any future husband, with power in the complainant to will the same as she might see fit, whether sole or married, but in default of such disposition, then in trust for such children as the complainant should leave surviving her. It is also alleged that the complainant was divorced from Dr .Nelson, and some time in the year 1834, intermarried with Elisha Betts, her present husband ; and that shortly after this marriage, Moses Walker delivered to Elisha Betts six slaves, one horse, and a hundred dollars in cash, under the belief, and with the intention, that said property would pass by the instrument and be held in conformity with its provisions, for the sole and separate use of the complainant, and that Elisha Betts so understood the gift. The bill further charges, that there was a mistake in drawing the instrument, in this, that it does not provide that the property which Moses Walker might give to the complainant during his life should be held by his sons, Josiah and Alexander, for the separate use of the complainant; that such was the design of the instrument, and such the instructions given to the attorney who drew it, but that this provision was omitted, owing to the haste with which it was drawn. It is further alleged, that Moses Walker executed the instrument under the belief that it would be effectual to secure to the complainant, not only any property she might receive from him at his death, but also such as he might give her during his life, and under this belief and impression he continued until his death. The bill prays the correction of the instrument so as to conform to the intentions of the donor; that the property delivered to her husband by her father be decreed to be her separate estate; and that the creditors of her husband, who have caused the property to be levied on, be enjoined from selling it, and also for general relief.
Division: Southeastern Division
Language: English
Repository: Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130
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Collection Title: Alabama Supreme Court case files
Subject - Topics: African Americans; Estates (Law); Debtor and creditor; Divorce; Forfeiture; Inheritance and succession; Marriage; Slavery
Subject - Places: Barbour County (Ala.)
Subject - People: Ann, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1806; Beck, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1816; Betts, Elisha; Betts, Mariah Walker Nelson; Brown, Samuel N.; Dinah, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1818; Gunn, George W.; Jacob, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1796; Jane, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1835, daughter of Beck; Johmael, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1811; Louisa, slave in Barbour County, Ala., of Moses Walker and Mariah Betts, b. around 1825; Nelson, Ambrose; Walker, Alexander; Walker, Josiah; Walker, Moses; Wellborn, Solon
Time Period: 1850-1859
Case: Betts et al. v. Betts
Upload Batch: SC00091_Betts_v_Betts
Repository: Alabama Department of Archives and History
Source: From: Betts et al. v. Betts
