Bean v. Welsh

Citations

• 17 Ala. 770

Syllabus

<p>1. A covenant entered into between one of the heirs at law of a testator, to whom he has devised the greater part of his estate, and the other heirs, by which, in consideration that the latter would withdraw all opposition to the admission of the will to probate, the devisee covenants and agrees, that they shall be entitled to a full and equal participation in the estate, as if the testator had died intestate, and that the estate shall be divided equally, and precisely as if he had so died, not only estops him from asserting his title as devisee, but passes to the heirs the same title they would have taken had the testator died intestate.</p> <p>2. In such case, a division, regularly made under an order of the Orphans’ Court, will vest in the heirs severally such portion of the estate, as may be respectively assigned them.</p>