Crawford v. Engram

• Decision Date: 12 November 1908
• Citation: 47 So. 712,157 Ala. 314
• Parties: CRAWFORD v. ENGRAM ET AL.
• Court: Alabama Supreme Court

47 So. 712

157 Ala. 314

CRAWFORD v. ENGRAM ET AL.

Supreme Court of Alabama

November 12, 1908

Appeal from Chancery Court, Barbour County; Lucien D. Gardner Chancellor.

Bill by Annie O. Engram against Annie V. Crawford and others for the collection of a legacy. From a decree adjudging a plea insufficient, defendant Crawford appeals. Affirmed.

Jacob Ramser died in 1892, leaving a last will and testament, of which his two sons were made executors. The executors entered upon the discharge of their duties, and settled up all the affairs of their testator, and settled with all the legatees in the will, except as to the property which was left by the first item of the will to Mary Ramser, the widow of the said testator, during the term of her life. Major L. Ramser, one of the executors of said will of Jacob Ramser, deceased intermarried with said Annie O. Engram in 1896, and afterwards in the same year said Ramser died, leaving a last will and testament in which his said wife, the said Annie O Engram, was made the sole legatee. The other executor, Thomas J. Ramser, died in 1902; and Mary Ramser, the widow of the original testator, died in 1906. After the death of the said Thomas J. Ramser there was no further administration on the estate of Jacob Ramser until after the death of the said Mary Ramser, the widow, when Annie V. Crawford was appointed administratrix with the will annexed of the estate of said Jacob Ramser, and she took possession of all the property which was left under item first of the will of Jacob Ramser to the said Mary Ramser during her life, and sold the same for cash as required by the said will. After the sale Annie O. Engram made demand for her one-third interest in the proceeds of said sale as the sole legatee under the will of her late husband, Major L. Ramser, and upon refusal of the administratrix to pay the same she filed this bill to recover.

Demurrers were interposed to the bill, and a special plea filed, as follows: That in equity and good conscience the said Annie O Engram, as executrix, etc., and Annie O. Engram individually, is estopped from claiming the interest in the estate of Jacob Ramser as claimed by her, and set forth and described in her said bill of complaint, on account of her conduct and promises made which led to and induced Annie V Crawford, Laura V. Bell, Emma Bell, Frances Fripp, Mary Bowers, Pauline McNeel, and Thomas Ramser, all legatees and devisees of the estate of Jacob Ramser, deceased, of which this respondent was administratrix as aforesaid, to act to their prejudice and forego and abandon the assertion of valuable rights; the facts being as follows: That said Annie V. Crawford and the others named above in this plea are all children and heirs of Jacob Ramser, deceased, and are named as legatees in his last will and testament, a copy of which is attached to the original bill in this cause, and marked "Exhibit A." That they are all sisters of Major L. Ramser, deceased (except Thomas Ramser, who was a brother), one of the legatees or devisees of said will, whose interest in remainder by virtue of the said will in the house and lot bequeathed in paragraph 1 thereof is now claimed by the said Annie O. Engram, sole legatee and executrix of the last will and testament of said Major L. Ramser, deceased, a copy of which is attached to the original bill and marked "Exhibit B." That said Major L. Ramser, deceased, died on or about the 13th day of October, 1896, leaving no descendants, but leaving a wife, the said Annie O. Engram, and his brothers and sisters aforesaid (naming them), and his mother, Mary Ramser, now deceased, as his only heirs. That the said Major L. Ramser left a last will and testament, as alleged in the original bill, which was executed on the 10th day of October, 1896, just three days before he died. That in and by the terms of said will, as will appear from the inspection thereof, he devised and bequeathed all of his property of every kind and description to his wife, the said Annie O. Engram, except his watch. That the value of his estate so bequeathed amounted in the aggregate to the sum of $20,000, consisting of both real and personal property. That he had only been married to said Annie O. Engram about 90 days before his death. That at the time he married her he was in a weak and feeble state of health, being in the last stages of consumption. That prior to his marriage he had always been devoted to his sisters above named. That they learned, just before his death, when he was then dying and under the influence of opiates, that he had executed his said last will in the presence of A. Ogletree, the father of the said Annie O. Engram, and S. H. Dent, Jr., her attorney. That they were very much surprised to learn that he had willed all of his property, consisting of both real and personal estate, to his said wife, his bride of 90 days, and to the entire exclusion of his said sisters, to whom he was always devoted, and who had nursed and ministered to him in his sickness before his said marriage to the said Annie O. Engram, upon the consummation of which they went off on a health or bridal tour, and soon after his return he died. That soon after his death his said sisters (naming them), not being satisfied with the disposition of the said property by said will, and not believing it was in accord with the natural feelings and affections of the said Major L....