85 So. 270 | Ala. | 1920
The issue in contest was whether an "advancement" had been made by George Woodward to the wife of (and on account of) his son Andrew Woodward, within *64
the rule of our statute governing that subject. Code, § 3767 et seq. Twenty acres of land, owned by George Woodward in his lifetime, was asserted to be the advancement chargeable against the share of Andrew in his father's estate. The instrument relied on purported to be a deed from George to Andrew's wife. It was wholly void as a conveyance of the title because George Woodward could not write his name, and only one witness who could and did write his name attested the paper; Code, § 3355, requiring, in such circumstances, that both witnesses shall be able and shall write their names as witnesses. The instrument being void, incapable of passing the title to the land from George Woodward, the gift, the asserted advancement, was not perfected. Fennell v. Henry,
Affirmed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.